Salary not released by company

The terms and conditions of notice of resignation/notice pay are expressed in appointment letter and the same has to be agreed upon by both employer and employee in writing by affixing signatures towards acceptance on the appointment letter.

In the absence of appointment letter arbitrary conditions can not be enforced by employer.

On the other hand employer may claim that employee has withdrawn has accepted/withdrawn salary and hence has accepted the order of appointment. Company may cite the notice period/pay from certified standing orders of the company. However you may remain firm upon your stand that condition of notice period /pay was never communicated to you and hence was never accepted by you, and thus there is neither any notice period nor any notice pay.

You may submit a representation in writing under acknowledgment addressed to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR and narrate all representation made by you so far including by phone, in person, by email etc and ask to supply you by bank DD only the earned wages for the month of ..........and bonus etc. by regd post only. You may mention that you are enclosing a postage prepaid self addressed envelope for reply by redg post.

For transfer/withdrawal of PF you have submit the requisite forms which you may submit by redg post only and ask for acknowledgment of forms from company and that original acknowledgment issued PF office  be supplied to you by redg post only.

If you have joined new company on 1st May, 2012, and gave a resignation letter on 11th May, 2012, as posted, you can be accused to dual employment.

Dear Sir, Thanks a lot for your suggestion. Kindly narrate briefly, whether I can success to release my April, 2012 Salary or not. On which way I will follow?

You may submit a representation in writing under acknowledgment addressed to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR and narrate all representation made by you so far including by phone, in person, by email etc and ask to supply you by bank DD only the earned wages for the month of ..........and bonus etc. by regd post only. You may mention that you are enclosing a postage prepaid self addressed envelope for reply by redg post.

If the company declines or maintains studied silence, you have the option of approaching O/o Labor Commissioner, Wages Inspector and/or issuing legal notice, and approach civil court.

Kumar Sir,

Thanks a lot for your kind co-operation. pl.give ur contact number to reach with u.

Kumar Sir,

after your suggestion, just i have drafted a letter and send by e-mail to Director of that company. After 20/25 minutes he called me and threatned me that he will give a FIR that I have loaned  a sum of Rs.50thousand from that company and not to work any where in Orissa. So in this case what to do? they are cheating me.

Employee should record such transactions (audio/visual). If a company has to grant a loan to employee, it shall seek loan application, thereafter loan shall be passed by the company e.g. board/authorized official and loan shall be disbursed by instrument of payment and employee shall be asked to sign acknowledgment of loan.

Make a note of phone number from which call was made, time and date of call and your phone number at which call was made.

The threat can be real or hoax. The conduct of this director is bad.

All depends upon on your resolve and resources. If you decide to stand against the might of a powerful individual you should prepare well. Do you have enough people and resource to defend you? Are you member of any union? Do you know influential persons who can defend you? Do you have the resolve to approach CM, DGP, Labor Commissioner; area councilor, minister of your area to whom you voted, etc. This call gives you sufficient reason to approach police commissioner, DGP, Home Minister, Labor Minster, and your lawyer.

It shall be better to discuss the matter with elders in the family, well wishers, acquaintances, community leaders, and make a careful assessment and proceed only if you can withstand the situation. If you do not have the resolve, resources, you may consider it as a parting gift, and forget.

In one of the threads, employee was not willing to serve the notice period, and the director managed to approach SHO and SHO sent a SMS to employee to call him back. The SHO called the employee to Police Thana, called his director and threatened the employee, extracted an apology, and commitment in writing to serve the notice period. The employee was serving in IT sector away from home town, and got subdued.

You may take a decision as suitable to you.