Narendra 20 July 2015

Corporate rules

Hi,

Let me tell your about my problem, as i was working for a company in bangalore as a Sr. Finance Executive, I left the company on 20 th May 2015 without serving the notic period as they have not paid the salary of april and as per their policy i have to serve notice period of 1.5 months but i have sent a mail to them on 21st saying that i will not continue my service after 1 week i have received a mail from my employer accepting my regination and given me 2 option, 1 service the notice period and take the salary on last day, 2nd option adjust my notice period salary against payable salary, i have accepted and selected 2nd option and sent him a mail of salary payable after all deduction, later no reply received, What are the legal option left with my previous employer...

and while i was on service i have registered a same business line firm under my name what are the legal option left with my employer....

Regds

Narendra

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Kumar Doab (FIN) 20 July 2015

If the salary is not paid on due date then employer has already breached the contract and trust and clauses like notice period should loose its sanctity.

Why the salary of April was not paid till 20th May?

The salary of April should have been paid on usual pay day or max. by 10th May.

The employee can lodge a complaint the moment earned wages payment is delayed even by a day and employer can be penalized say by Rs.7500/instance.

The salary slip should be supplied atleast a day before disbursement of wages duly signed by employer.

Was the salary slip supplied to you for each month?

Did you mention in communications/notice of resignation about non payment/delayed payment.

Do you have the copy of form/formats submitted by you, proof of delivery and dispatch?

You may demand acceptance of resignation, FnF statement, service certificate, relieving letter.NOC/NDC etc?

If there is no clause/agreement on Non Compete signed by you then there is no reason employer may object.

Approach:

Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc

Able labor Law Consultant/Service Matters Lawyer/Law Firm

Inspector appointed under (Name of the state) Shops and Commercial Establishments Act, Payment of Wages Act

O/O labor Commissioner

Corporate rules

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