Holding of salary in notice period of two months

 

 

 

1. Holding Salary: It is illegal. The employee can lodge complaint the moment the payment of earned wages is delayed even by a day from usual pay day...................................leave apart blocking it.

 

 

The establishment/ employer  can be penalized...........................say up to Rs.7500/instance.

The employer shall not on the responsibility and shall transfer the onus on its erring personnel in HR/Finance................................!

 

2. Holding Original Certificates; Is offence. Complaint with police and criminal complaint in court can be lodged.

In another thread employee comfortably succeeded to obtain certificates thru police complaint.

The employer/HR were not bale to stand before even an ASI/Havaldar.

You may go thru:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo

 

Discussion > Labour & Service Law > Employment > Orginal certificates submiteed in office

 

3. Threats to Blacklist:  Is an offence. NO employer has NO power to blacklist any employee.

Employees like you face such situations since despite suggestions in many forums and threads employees do not form unions/become member of trade unions, form IC's, GUILD, Works Committee's and do not affiliate with Trade Unions.

IT/ITeS women employees, IT/ITeS employees have formed various unions :::

https://www.itecentre.co.in/

 

https://ithiworld.wikispaces.com/News+Update

 

IT/BPO Voice of India | Facebook

UNITES Professionals

 

www.unitespro.org

 

https://www.wbitsa.org/

 

www.itpfindia.org/‎

 

https://itnitesunion.wordpress.com/author/itnitesunion/   

 

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com

 

________________________________________

 

 

https://www.shivsena.org

 

 

 

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

Trade Unions like CITU,INTUC, AITUC,BMS etc are willing to embrace the IT employees.

 

And to these unions employers and their bodies like NSR/NASSCHOM have affirmed in writing that they do not indulge in any 'Blacklisting' ::::

In NSR can a employee be black listed?

https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

>>> Actions you can take:::: Verbal claims are difficult to prove. Record all calls/meetings (audio/visual) and keep unshakeable witnesses.

>>> What actions you can take:: Approach employee’s unions, Trade Unions,

Inspector under Payment of wages Act

Inspector under Shops and Commercial Establishments Act

O/O Labor Commissioner

Civil Court

File complaint u/s 406,420…………….

Preferably under the expert guidance of an able Labor Law Consultant/Service Lawyer……………………

 

 

>>> Spread awareness amongst as many employees you can. Share with them.

Thank you so much for the reply sir.. The links provided by you were quite helpful in understanding the situation and probable actions. But I would like to ask do I need to complete the full notice period and then approach the legal adviser or labour court inspector or I can contact in between of my notice period as the company people are really harrasing me mentally by unnecessary shouting and scolding. Further, as they are not accepting the resignation in written shall I send them the hard copy of my email through registered post?

You can approach during notice period or any time when you are being harassed...................

You can submit the hard copy too.

It is reiterated that whatever you do, do it under expert guidance of your lawyer. 

Thank you sir.. can you please let me know shall i contact labour court inspector directly or i need to hire a lawyer for the expert guidelines. further my company is holding half of  my previous month salary as well (a few days before the notice period) and have given me only half of the salary that too in cash whereas generally it is paid by cheque. they said you can take the balance amount tomorrow but even after asking twice they did not pay and pretend to be busy all the time i go to ask. Please advice accordingly. I would be greatful to you for your valuable advice. 

 

Did you sign any receipt when you were given cash: If yes did you sign it blank or for full amount or for actual amount that was paid to you?

Even if it was paid in cash demand payslip, duly signed by competent official of the company with company seal for that month and all months of employment.

You should preferably proceed under expert advice of a Labor Law consultant/Service lawyer……

You can be represented by a seasoned Employee’s/Trade Union Leader.

On 17^th i.e. 2 days back we have resolved a case.

The company officials and their lawyer (junior lawyer sent by senior lawyer) were pleading in a similar case before the Labor Inspector ……………………….they dropped all of their tantrums………………..and agreed to fulfill the demands of employee……………………..

The Labor Inspector stated that 2 months notice period stated in appointment letter is not applicable as notice period of 1 month as in labor laws applicable (shops and Commercial Establishment Act ) shall apply, Bonus has to be paid, all filed expenses have to be paid, employee was blocked from entering office hence has not absconded…………………………………..

The company bowed its head and accepted everything……………………..

A very senior and aged Trade Union Leader was involved as a strategy and properly updated on the matter……………………………………

The company’s managers those usually boast………………………………….were so humble and gentle during the proceedings………………….and begged apology in private and appealed to withdraw the criminal/police complaints……………………………………..

We have advised the employee not to withdraw any complaint!

However discuss everything with elders in your family and choose the option that suits your aptitude.

 

Keep your elders by your side.

no sir.. they did not made me sign any cash slip. however they said they will make a voucher signed when the balance payment is made. and Thank you so much for your valuable advice. I will surely this and go with the expert advice. 

Hello Sir, I have sent them a notice regarding the problems via labour court and have talked to the inspector. also i did take legal advice from an expert lawyer and he has asked me to give another notice to file a civil suit against my company. also he advised not to continue going to office. 

I have not gone for a day and i got a mail from my company that they are treating that i am absconding the office and have threatened to take an action. I am confused shall i wait for the labour court notice to rezch them and they can come for hearing or shall i give another notice regarding the civil suit as well. 

Please advice accordingly. I am in need of help and the lawyer i have talked is not my known as well and i want to end this matter soon with FNF being done through labour court officials. I am afraid that civil suit might not add fire to it. 

You can submit reply that you have not absconded………………………..preferably by Redg. Post.

Obtain acknowledgment of complaint from Labor Inspector.

 

The Labor Inspector shall call the company’s officials.

Sir they have refused to take the notice sent to them and it has been returned to me via registered post. What should I do now? If they do not accept it and will not come for the hearing then what are the consequences ?

Has the postman written on envelope ‘Refused to accept/ Lene se inkaari ki”?
Submit a letter to Sub Postmaster and ask to provide you in writing the reason for return of redg. post and also certified copy of run sheet of postman.

The Labor Inspector shall send them challan,……………………………….court shall send summons.

 

Let them refuse to accept summons also.

Engage a local Labor Law Consultant/service lawyer.....................................or approach employee's/Trade Unions leader.

Yes it was written refused on that. I have submitted the Medical for the remaining notice period as they have mailed me regarding the absconding of office. Also now they are mailing that I was issued belongings from the office where as I did not receive anything in my complete tenure. Can they prove it even if they did not give me anything. sir pls advice as I am not aware of any good lawyer or trade union leader regarding this.