Hi experts,
yogeshrajendhiran
(Querist) 05 January 2015
This query is : Resolved
I have resigned my company on 20th Dec, and my notice period was 45 days. As per my company policy salary cycle is 20th to 20th.
I am asking for the nov-dec month salary. my HR is telling while serving notice period you cant get the salary. you will get the salary on feb 15th only!
so, my last two months notice period they are holding and not giving to me.
Legally it is correct??
ajay sethi
(Expert) 05 January 2015
better leave on amicable note . serve your notice period . take relieving letter from company . you will get your salary arrears
Rajendra K Goyal
(Expert) 06 January 2015
Serve the notice period and get relieved. Amicable solution path is easiest and fastest.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
As advised, it will be for your own benefit that you leave the company on a happy note so that you may not find any hurdle due to this in the new assignments elsewhere.
yogeshrajendhiran
(Querist) 11 March 2015
Hi Everyone,
Thanks a lot for your kind advice, I heard your advice and i served 45days of notice and i relieved from the company.
But, still they are holding my two months of salary. they said "you will get your salary after 45 days when you relieve from the company.."
Jan 25th i relieved from the company, 50 days gone still they are not paying my 2 months salary.
I tried to call them they are not picking my call and if they picked the call also they are telling wait for some more time.
I went twice to the company they are acting like they were busy with meetings and they are telling me to go and come back tomorrow likewise.
I lost my patience, What i have to do now??
still they are not giving my 10th Mark sheet original also.
Kumar Doab
(Expert) 15 March 2015
You followed very wise advise of Experts and still you are harassed by such good for nothing HR personnel of unscrupulous employers.
You have displayed character, patience.
You did not disclose in your initial posts that your original educational certificates are held by the employer.
Did the company issue any written communication to keep your certificates with company……………………….Did it mention reason for depositing the original certificates……………………Did it issue any acknowledgment?
The HR personnel are neither your parent nor your spouse nor a legislator nor a lawmaker nor a governor nor your employer.
They are just another employee like you but representative/attorney of the employer and servant and subordinate to the law of the land. They have to behave and act properly and abide by the various enactments applicable to the establishment.
Such HR personnel are burden on society and why you or any employee should carry such unwarranted baggage.
The employees/employee’s unions/trade unions must Act and they are known to and ensure that such personnel are shunted out and made popular amongst the community of employee’s and let their photos be hanged in unions offices and they are eventually shunted out of the Industry……………………………..and let them rather sell nuts, ice cubes, mobile recharge packs in their street shops. Such HR personnel are not fit to be left to loose around in a civilized society.
1. NO executive of the company nor even employer/owner can frame any rules that violate Act/Statue/ Instrument of law/Law of the land………………….that is applicable to an establishment/employer/employee……………..
There is no law that states that payment of earned wages can be delayed beyond a fixed date of payment of wages. Thee employee can lodge complaint the moment payment of earned wages is delayed even by a day and penalty of say Rs.7500/ may be levied.
2. Induce the HR personnel to write or say vide which policy/rule/power vested in him/her/them the payment of earned wages/FnF wages are being delayed, and record it (audio/visual/minutes/witnesses0 etc……………………and build evidence.
3. It is usually stated in appointment letter that service conditions shall be governed by HR policy (drafted by HR personnel and probably passed by board……………….and thus to create a fake front to pass the buck on HR ), Service Rules and regulations, Exit policy,FnF policy etc……………………..Download all such policies………………..and also demand certified copy of standing orders (Certified/Model) applicable to the establishment………………….even if against a nominal payment say Rs.10/--
4. The FnF wages are to be paid on last day in office/within say next 3 days/max. by usual pay day.
5. Since you has tendered notice of resignation these good for nothing HR personnel had sufficient time to process and complete all exit formalities and handover acceptance of resignation,correct FnF statement (showing computation of earned wages/leave encashment/bonus etc) for verification and acceptance, payment of FnF wages, Form16 as per correct FnF statement, service certificate,relieving letter, PF number and a/c slips of all years, ESIC card, NOC/NDC etc by the last day in office…………….You may demand all of these……..and your original certificates illegally held by Mr/Ms…………………..
6. You can lodge complaint with:
Employee’s Unions/Trade Unions e.g. CITU/INTUC/AITUC/ BMS etc….
GRC (Grievance Redressal committee) , Works Committee
Labor Law Consultant/Service Matters lawyer/Law firm
Inspector appointed under: Payment of Wages Act, (Name of the state) Shops and Establishments Act, Min. Wages Act…………
O/O Labor commissioner
Your lawyer may opine that you can lodge complaint u/s 406,420………..
