Non payment of wages
Querist :
Anonymous
(Querist) 07 July 2018
This query is : Resolved
Dear sir,
I was working for Sopan O&M Company Pvt. Ltd. for almost 2 and half month as Mechanical Engineer (Lead). Due to some personal reasons i had to resign from the company and in my last month i had worked for 15 days of May 2018. And now i am asking them to issue my 15 days salary they are not issuing it giving reason that I did not complete notice period. Even after send the resignation letter, they did not tell me any notice period. But the fact is I was on probation period and I did not have any notice period for it and even they did not give me an appointment letter. I have only my bank statements, and mail statements so please advise me how I will get my salary from that company.
Please help me with the same what should i do because I cannot leave the lot of hard earned money. I don�t want to leave my salary.
Regards,
Pallab Jana
Siddharth Jain
(Expert) 07 July 2018
You'll have to serve a legal notice to your employer asking him to repay your entire dues, along with interest,within a period of 15 days of receipt of the legal notice.
If they fail to comply you can file a suit for recovery in Civil Court.
You've got a good prima facie case as both the parties can only be governed as per contract and as the agreement is silent about notice period during probation, youre chances is gett8ng the money are high.
feel free to contact me at isidjain1@gmail.com
Kumar Doab
(Expert) 07 July 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 08 July 2018
Agree with Siddaharth Jaiin.And Kumar Doab.
Dr J C Vashista
(Expert) 08 July 2018
Instead of taking legal recourse discuss the issue with your employer, you were on probation wherein notice is to be served by you but not the company, if they (employer) do not confirm your appointment.
Dr J C Vashista
(Expert) 08 July 2018
The author has eronously failed to mention his name as author but he has signed it in the name of "Pallalb Jana". Therefore, the respondent(s)/expert(s) are required to consider the statement/query in its totality instead of mechanical reply.
P. Venu
(Expert) 08 July 2018
Yes, you may serve the legal notice as suggested requesting for the wages.
Kumar Doab
(Expert) 08 July 2018
The postor should avoid mechanical reply showing mindset of self invented Pradhan
Kumar Doab
(Expert) 08 July 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
