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Chiranjeet (UX Designer)     12 May 2014

Company threatens for not paying salary during notice period

I am a UX designer and work in a private company. Recently I am trying for higher studies so, have already gave resignation on 8th April 2014. But after continuously requesting for 3-4 times they finally accepted my resignation after 20 days stating various clauses in the mail like I have to adhere to company laws and spend productive 9 hrs and more if required etc. Which was nothing new as on normal days I did the same. Recently there is an escalation in a project and they have suddenly assigned the task to handle the client and get approval on the designs, inspite of my request that I am not fit for the job except that my job was only to deliver the designs which I have been doing time and again. But the client is not happy and is not giving any approval to the 30% of the task that is remaining due to which the client is also threatening to cancel the project. The client keeps on changing things and half of his communication includes broken words hard to interpret. I am at a fix now as my VP personally called me and threatened me that if I don't close the project then he will not pay my salary next month and will make it sure that I am unable to show my experience in my present company anywhere in future. I had intimated him the problem before many times but he lend a deaf ear to it and now he is blaming me and threatening me to take action on me. I don't find what to do? I am in trouble. Please help.



Learning

 6 Replies

Solomon Raju (Advocate High Court of A.P.)     12 May 2014

Dear Chiranjeet,

It has to be understood by your superiors that once an employee had resigned from an organization his interest towards the organization is very less...If your VP is threatening like this, then directly send emails to CEO and Managing Directors explaining the situation. Inform them that you have lot of respect for the company and now you're moving for your betterment. 

Every company has grievance redressal forum as per their bye-laws..Better, take this move and inform them the same...write a complaint to them...If you need any assitance how to draft a letter, then contact me  with all documents like offer letter, Employee Hand Book, Company Bye-laws Manual etc...

Kumar Doab (FIN)     12 May 2014

Record all verbal transactions (audio/visual) and keep some witness with you if possible for use at appropriate time in appropriate forum.

 

It is almost sure that if you escalate to Grievance Redressal Committee the HR shall conclude that you were not threatened and defend their masters. Hence to defend your long term interest (including period after separation) generate irrefutable evidence to suit your interest, employability, career.

  

What is this establishment; Commercial, Industrial, Small Enterprise?
The company might have displayed its registration certificate near entrance and you can find out from the certificate easily!

 

What is its line of business e.g; IT/ITeS, Banking, Insurance, publishing, engineering etc?

 

What was your designation and nature of duties and has the company explained the duties/KRA’s in job advertisement, interview, offer letter, appointment letter or later in circulars etc and do you have copies?

 

You and Redg. office of the company are located in which state?

How many employees are employed in it?

 

 


Are you a member of any employee’s union, trade union?
The above information shall help, hence post it.

 

You have acceptance of resignation in writing even if with T&C. Download and keep a copy.

 

 

Resignation is not an application and can be without permission and notice.

 

The employer can not prepone or postpone the expiry of notice period tendered by employee.

 

 

Work hours are 8/day, 48 hrs/week and above it OT is applicable.

Employer should pay OT along with payment of monthly wages and employee should also lodge claim for OT in reasonable time.

 

You may submit in writing to appointing authority that you are not fit for the job and have explained it on dated……………..and dated…………………..to Mr/Ms……………………in office/by phone call by you and during phone call from……./by email  etc (mention phone numbers and brief minutes of discussion) and no training for the task has been provided and you are retiring on dated………………………as per notice of resignation dated…………………and within leftover ……………………days it is not possible to learn/gain expertise for the task i.e ……………………….

 

You may add that this task is not in your KRA’s and skill set too.

 

You must not forget to add that you have represented in office on dated………………to Mr/Ms……………….that NO tasks assigned to you as on dated………………………on which notice of resignation was supplied by you, were pending at your ending and tasks that can be completed on day to day basis within and up to last day in office i.e. dated……………..may only be assigned, and to whom you should handover the charge under proper acknowledgment on the spot.

 

You may also minute the threats etc communicated by this VP.

 

 

Since the client is threatening the VP and his team is desperate to transfer the onus on some one and make someone scapegoat.

An outgoing employee is an easy target.

 

 

Notice of resignation, subsequent communication, final resignation should be structured and drafted carefully so as to build favorable written record and should be addressed to appointing authority, MD, and supplied under proper acknowledgment preferably by redg. post.

 

The employees that are not united are not members of employee’s unions, trade unions do not keep access to labor consultant/service lawyer are usually ill informed and are exploited and face harassment.

 

Since VP has threatened you for Non Payment of Wages, non issuance of proper service certificate/experience certificate, relieving letter, you can raise an Industrial dispute/dispute now also…………………………

 

You may meet a competent and experienced labor consultant/service lawyer along with elders in the family and show job advt., job application, interview call letter, selection letter, offer letter, appointment letter, notice of resignation, project assigned to you , all emails exchanged etc and proceed under expert advice of your lawyer.

 

There are many threads on similar queries that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/On-bonded-labour-471086.asp#.U3BsJ0eBmXU

  

 

 

 

1 Like

Chiranjeet (UX Designer)     13 May 2014

In the company there are no grievance redressal committee and infact everyone follows VP's order and decision so no one stands against him. HR is just a toy of VP. CEO don't care what happens to the employees as long as VP doesn't support. So, its very hard to approach anyone in the company to stand against VP as anyone I approach will just be another toy of VP or someone in my position.

Chiranjeet (UX Designer)     13 May 2014

I am more scared now to take any steps as I am going for better opportunities in job or studies and I don't want anything bad spoils my ambition.

Chiranjeet (UX Designer)     13 May 2014

I have answered below:

 

What is this establishment; Commercial, Industrial, Small Enterprise?
The company might have displayed its registration certificate near entrance and you can find out from the certificate easily!

 

Small Enterprise I suppose as it has 150+ employees and business presence in 5 countries with head office being in India.

 

What is its line of business e.g; IT/ITeS, Banking, Insurance, publishing, engineering etc?

IT/ITeS - mobile application development

 

What was your designation and nature of duties and has the company explained the duties/KRA’s in job advertisement, interview, offer letter, appointment letter or later in circulars etc and do you have copies?

Yes I have copies of all documents

 

You and Redg. office of the company are located in which state?

Andhra pradesh

How many employees are employed in it?

 

150+

Kumar Doab (FIN)     13 May 2014

Since you are scared approach along with elders in the family employees unions, trade unions, community leaders, Lawyer/law firm, lawful authority and proceed under their advice.

 

IT/ITeS Employees 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



 

Trade Unions : INTUC, CITU, AITUC, BMS ..................                                                                                             

 

 

 

The establishment should have registered under Andhra Pradesh Shops and Commercial Establishments Act. Standing Orders should be applicable. If standing orders are not certified model standing orders should apply. If standing orders are certified get a copy from employer or certifying officer (DLC in o/o Labor commissioner) and show these to your lawyer.

 

You may go thru:

 

Model Standing Orders; Sec13-18.

 

Andhra Pradesh Shops and Commercial Establishments Act:2(5,8,9,23), 15-19, 30-34, 35-40, 47………………….

 

 

SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT : Sec1,2(e,f,g,j,n,), 3, 
CHAPTER IV:CONDITIONS OF WORK :10,11, 
CHAPTER V: WAGES, BONUS & SOCIAL SECURITY :12,13,15,16,:
CHAPTER VI:LAY OFF, REMOVAL FROM SERVICE & SETTLEMENT OF DISPUTES & CLOSURE: 17,18, 
Then 21,22 and others

 

Consult a local labor consultant/service lawyer along with elders in the family.

 

 From various publications it is noted that the lawful authorities in AP have rendered fast excellent decisions:

 

e.g.:

 

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM

 


Attached File : 118680502 ap se act.docx, 118680502 small enterprise employement relation act 2002.doc, 118680502 model standing orders industrial employment standing orders rules.pdf downloaded: 156 times

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