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Saurav (Partner)     06 May 2015

Non payment

Dear Sir,

I was working as a consultant with a media agency from Mumbai appointed in the month of September '14, stationed in Kolkata on behalf of the agency. The Appointment letter stated - that the agreement can be terminated by the either side by giving one month's notice. The cosultant is legally bound to serve a notice period of one month before he can move onto another job. If he chooses to do so, he shall be liable to pay the company remuneration for the said notice period. The management may at its own discretion release the employee before the expiry of the notice period.

After first two months, the salary payment started to get delayed. From February onwards salary was held up under the pretext of fund crisis.

On 1st of April I was served a notice that I would have to work 'pro bono' i.e: without any remuneration unless certain targets were met. I refused to work without remuneration and tendered my resignation.

Now when I demand my full & final settlement (salary for Feb. & Mar.) they are deducting the salray amount for the month of Mar. '15 under the pretext of my not serving the notice period. Whereas, it was the company that violated the agreement clause by serving me a notice with non payment for the month unless conditions were met.

Am I entitled to recieve salary for the month of March legally? What steps can I take to extract my dues from them.

Regards,

Saurav Ghosh



Learning

 2 Replies

Kumar Doab (FIN)     07 May 2015

1.

Pro bono

From Wikipedia, the free encyclopedia
 

Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment or at a reduced fee as a public service. Unlike traditional volunteerism, it is service that uses the specific skills of professionals to provide services to those who are unable to afford them.

Pro Bono Publico is also used in the United Kingdom to describe the central motivation of large organizations such as the National Health Service, and various NGOs, which exist "for the public good", rather than for shareholder profit.

 

Pro bono outside the legal sector

Corporate pro bono efforts generally focus on building the capacity of local nonprofits or mentoring local businesses. There are many models that businesses use and tailor to their specific strengths. They may loan employees, provide coaching and mentoring, complete a service marathon, create standardized team projects, engage in open-ended outsourcing, provide sector-wise solutions, perform general contracting, or work on a signature issue.[21]

Loaned employee

In this model companies are effectively donating a fully trained and paid-for employee to the non-profit. Employees apply for the coveted opportunity to pursue a pro bono interest by lending their knowledge and experience. They use their workplace skills in a hands-on and/or consulting role to build the partner nonprofit's capacity.

 

 

2. Does this company work free for the society?

What targets did it talk about:::::that will fect revenue for it? Or no. of some underprivilidged children that you will serve?

 

3.You should preferably proceed further under expert advise of an able Labor Law consultant/Service matters lawyer/Law firm.

 

IN conditions of delay in payment of wages/non payment of wages....................the service conditions like Notice period/pay would loose its sanctity.

 

In India is there a condition of so called 'pro bono' applicable: employee shall work without earned wages?

Atleast I am not aware of it.

There is no dearth of so called Consultants/Professionals/Legal personnel/HR personnel who are desparate and would advise unscruplous employers to ask to draft such communication/contrcats  and earn some moeny. And such unscruplous employers would jump for such fantassies.

 

Such companies should be covered by Shops and commercial Estb. Act, that was enacted to govern the service  conditions of employees working in such Establsihments and standing orders (certified/Model)  might also be applicable……………….and if standing orders are not applicable the Model Standing Orders shall apply.

In West Bengal such companies should be covered by West Bengal Shops and commercial Establishments Act…………………..and in Maharashtra by Bombay Shops and commercial Establishments Act………………………and notice period/pay, date of payment of earned wages is governed by it and can’t be violative of the clauses  of the Act…………….

 

 As per West Bengal Shops and commercial Establishments Act; the date of payment of wages is by 10th of the next month and notice period for service less than 1 year is NIL……….

As per Model Standing Orders;Sec13 notice period durng probation period is NIL.

Company can announce incentives/commision on achievement of set targtes but can’t ask to forgo the earned wages/pay/contracted wages on non achievement of set targtes.

Your declinature to accept such unthinkable proprosition was just and right.

Any change in service condition has to be supplied atleast 21 days in advance and can’t be applicable untiol accepted in writing.

 

Did the communication state or imply that   the change or so called ‘Pro Bono’ would be applicable with immediate effect/w.e.f. dated……………………?

If yes it was a draconian order,unfair labor practise,vilative of law, bad etc!

Did the company supply salary slip of each month showing date of payment of wages/PF number/deductions etc?

Payment of Wages Act;Sec13A : wage/saalry slip signed by both employer/employee has to be supplied atleast a day before disbursment of wages.

 

Trade Unions have traditionally been strong in West Bengal/Maharashtra and leaders know the precise ways to handle and drill sense into the heads.

 

Your counsel may opine that you can lodge complaint with:

Inspector appointed under:  West Bengal Shops and commercial Establishments Act, Payment of Wages Act……………….o/o Labor Commissioner, civil court, criminal complaint u/s 406,420…….winding up petition…….etc…

Saurav (Partner)     08 May 2015

Thank you Sir for your valued observations. I shall surely consult laweyrs as you mentioned.


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