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Sharad Pant (Director)     06 May 2017

Cutting of salary and savings on the name of penalization

I am working with one consulting farm. The company is providing consultancy to Govt. projects. We have taken Skill Development Program to train  7000 number of candidates. The project cost is near about 1.4 cr. I successfully completed program. But because of Aadhar card, bank detail and  other few issues of trainee candidates near about 60 Lakh is still pending with the National Skill Dev. Corporation.

Now giving the pending amount reason organization not paid me since 4 months (from January) and now they are telling that they will cut down my total one month salary as a penalization because I am responsible for pending money. I know that I have done my job honestly, but Its Govt program we don’t do much with it. Management is cutting down 5% salary as a saving fund, since 3.5 years I am working in organization near about 2 lakh is my saving with organization. But they want to grab that money also on the name of penalization. Earlier they have done this type of things with other employees, at present there are 2-3 cases employees filed against organization. But I am not observing any positive result in favor of employees. I am really frustrate and unable to understand what to do. Can I go to labor court, will they listen my plea. Please guide.

Regards,



Learning

 14 Replies

Ritesh Maity (Labour Law Advocate)     06 May 2017

Salary is to be paid by 7th/ 10th of each month and any violation thereof attracts penalty and fine.

 

Neither your company can hold your salary nor they can reduce the salary as per their wish and not even for the reason stated by you above. 

 

You may send a letter under acknowledgement demanding the salary.

1 Like

Dr J C Vashista (Lawyer)     07 May 2017

Issue a legal demand/notice through a local prudent lawyer professing service matters.

1 Like

Kumar Doab (FIN)     07 May 2017

It is believed that your relationship is of employee -employer with Consulting Firm.

Confirm!

1 Like

Kumar Doab (FIN)     07 May 2017

Have you signed on any agreement, clause on deduction of 5% of wages, every month by employer or non payment of wages for some specific reason or to square off  in some specific cases?

Does employer issue salary/wage slip every month?

Do employer show deductions in salary/wage slip every month?

Has employer not issued any memo/written communication, before deductions and/or blocking payment of earned wages/promised payouts?

Have you asked for thesed in writing and has employer issued any written communication for deductions and non payment of wages/promised payouts?

Is it stated anywhere in writing and accepted by you that you are responsible for payments or Aadhar card, bank detail and other few issues of trainee candidates?

Since you have posted that you have been doing your job honestly and are not responsible, have you posted it to employer in writing under proper acknowledgment?

Do you have irrefutable written record/evidence of your stand?

Due to what reasons you feel that Co-workers won’t get positive results from cases fied by them?

Have you shown the case file to a very able local counsel of unshakable repute and integrity specializing in Labor/service matters?

Has the counsel opined that they are NO merits in the similar cases filed by other employees?

1 Like

Kumar Doab (FIN)     07 May 2017

Apparently your employer is ‘Consulting Firm’.

It might be covered by the Shops & Estbs Act of the state and you might be covered by the def. of ‘Employee’ as in the Act.

You might be covered by the def. of ‘Workman’ as in the ID Act.

You might be covered by the ‘Payment of Wages Act’ by def. of wages in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.

The deductions, fixed daty for payment of wages are explained in applicable enactments.

These enactments should be available at website of Dept. of Labor of your state e.g;

 

The Punjab Shops and Commercial Establishments Act:

The Punjab Shops and Commercial Establishments Rules ( Haryana Follows it.)

Payment of Wages Act;

are available on website of Dept. of Labor Haryana;  

https://hrylabour.gov.in/ https://hrylabour.gov.in/content/labour_laws

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Payment_of_Wages_Act.pdf

 

If you are not covered by any of the enactments then you may approach civil courts.

 

It shall be appropriate to discuss with local counsel and understand merits in your case.

 

1 Like

Sharad Pant (Director)     21 May 2017

Dear Mr. Ritesh,

Thanks for your encouraging reply,  The organization has not paid me salary for four months, I lost my patience and given following mail to finance department.

Dear FMA
Please ensure to transfer all my due salary and expense within this
week only otherwise may be afterwards I will not able to cater my
professional services for ALC Inida. This is for your information and
necessary action please.

CEO of the company has given following reply.

Dear Sharad, 

Can you please educate me on how many months of Salary is due from ALC India? And please be sure that i cannot appreciate this kind of language from your side. It is always mutual respect. If you think you can only use this language then it is a mistake. It is very easy to get down to the ground and fight. I do not hesitate. In fact, we have been tolerating all your underperformance with the hope that if we invest probably you will also gain and we will also gain. But in case you want to demonstrate high handedness and also tough language please do not think i cannot use the same. 
 
I thought you are a man of integrity. You allow your domain and your team members to loiter and waste their time multiple times and do not take any action yourselves to get new business or revenue and then you dare to use this language. Where does this arrogance come from? I see least remorse on your face when i see such mails. 
 
If i were you, i would have apologised for not having ensuring the team's performance and then requested for finances if there is a difficulty in house. 
 
With best wishes,
 
Dear Mr. Ritiesh Please tell me what to do?

Sharad Pant (Director)     21 May 2017

Dear Sir,

Your suggestions is eye opener for me, I observed that most of the communication management is doing by orcal communicaiton, they are not giving any written notice of salay delay or withhold like here under I am forwarding the reply of CEO when I asked for my 4 months pending salay. 

Dear Sharad, 

 
Can you please educate me on how many months of Salary is due from ALC India? And please be sure that i cannot appreciate this kind of language from your side. It is always mutual respect. If you think you can only use this language then it is a mistake. It is very easy to get down to the ground and fight. I do not hesitate. In fact, we have been tolerating all your underperformance with the hope that if we invest probably you will also gain and we will also gain. But in case you want to demonstrate high handedness and also tough language please do not think i cannot use the same. 
 
I thought you are a man of integrity. You allow your domain and your team members to loiter and waste their time multiple times and do not take any action yourselves to get new business or revenue and then you dare to use this language. Where does this arrogance come from? I see least remorse on your face when i see such mails. 
 
If i were you, i would have apologised for not having ensuring the team's performance and then requested for finances if there is a difficulty in house. 
 
With best wishes, 
============
Now sir please guide what to do ? because the legal procedure is taking its own time, that is why the CEO is telling "I am not worrried if people will court against me". 
Regards.
Sharad
 

Kumar Doab (FIN)     21 May 2017

 

It is surprising that CEO is answering without referring to its official record.

If salary is processed, salary slip is generated, salary is disbursed then he/she could have attached/mentioned the docs pertaining to payment of salary/details of disbursment.

 

Kumar Doab (FIN)     21 May 2017

Then in one breath CEO has alleged underperformance, misconduct by employee (you) and team members (your team), irresponsible behavior, antagonising language, arrogance…………….

 

CEO is telling "I am not worrried if people will court against me"

Where is it written, by CEO?

Kumar Doab (FIN)     21 May 2017

 

The CEO is writing to you as some Team Leader.

You have not replied to any point raised.

The forums that you and your team can approach  has already been posted.

Sharad Pant (Director)     21 May 2017

Dear Sir, you are correct I have already submitted my following clarification on the same. and he accepted the same.  Regarding the CEO statement  "I am not worrried if people will court against me" he mentioned in staff monthly meeting and which is not recorded in minutes anywhere. 

Dear KG
I am really surprised by getting this kind of hyperactive mail from
the knowledgeable person like you.  I realized I had gone through from
such mail in my past, and after putting pressure on my brain I
remembered that same kind of mail I got from Mr. Pradeep Gauda (PPL),
when I asked him the farmers money for red gram procurement. He
mentioned in his mail that your supplied goods (red gram) were not
good quality so if I have money then I will pay for it. After reading
your mail for a moment I felt that I am the poor vulnerable farmer of
Kodangal mandal FPC, who is begging for his sweat money.

You mentioned that you are tolerating my underperformance, asked Mr.
Sarat since one and half year (before completing my 3 years) I
requested him to give task base job- I want to work as Associate and
he repeatedly denied it. If I am underperformance why this privilege?.
If you remember, I am the person who compelled people to resign
because of their underperformance, I expecting same treatment for me
also. You have mentioned about team performance, I think with small
team I have done wonderful job, most of my &  team energy is going in
firefighting and you are well aware that I am not responsible for the
fire. Mr. Linton successfully translated 90% invalid data into valid,
I drag out work from him even his marriage days and he supported for
it.     Regarding to get down at ground and fight, the struggle and
fighting is in my blood but I don’t want to waste it for meager cause.
I am unable to understand what arrogance I have shown in my 2 line
mail. Same mail I am repeatedly writing to NSDC & other clients for
our due money, they also have to react like you.  Considering my
economic condition and present financial requirements it’s really not
possible for me to wait 3 to 4 months for salary.  I don’t think I
have written anything wrong. You are treating that by asking for my
salary I have done a crime and now I am like criminal for you.
As a friend I would like to advice you please don’t drop such a mails
which only darken doubts, confusion in the mind the consultants about
the intentions of CEO and organization, it’s not good for the health
of organization. Though you are thinking I am wrong, I would like to
apologize for my mail.

Kumar Doab (FIN)     21 May 2017

Originally posted by : Sharad Pant
Dear Sir, you are correct I have already submitted my following clarification on the same. and he accepted the same.  Regarding the CEO statement  "I am not worrried if people will court against me" he mentioned in staff monthly meeting and which is not recorded in minutes anywhere. 

Dear KG
I am really surprised by getting this kind of hyperactive mail from
the knowledgeable person like you.  I realized I had gone through from
such mail in my past, and after putting pressure on my brain I
remembered that same kind of mail I got from Mr. Pradeep Gauda (PPL),
when I asked him the farmers money for red gram procurement. He
mentioned in his mail that your supplied goods (red gram) were not
good quality so if I have money then I will pay for it. After reading
your mail for a moment I felt that I am the poor vulnerable farmer of
Kodangal mandal FPC, who is begging for his sweat money.

You mentioned that you are tolerating my underperformance, asked Mr.
Sarat since one and half year (before completing my 3 years) I
requested him to give task base job- I want to work as Associate and
he repeatedly denied it. If I am underperformance why this privilege?.
If you remember, I am the person who compelled people to resign
because of their underperformance,
I expecting same treatment for me
also. You have mentioned about team performance, I think with small
team I have done wonderful job, most of my &  team energy is going in
firefighting and you are well aware that I am not responsible for the
fire. Mr. Linton successfully translated 90% invalid data into valid,
I drag out work from him even his marriage days and he supported for
it.     Regarding to get down at ground and fight, the struggle and
fighting is in my blood but I don’t want to waste it for meager cause.
I am unable to understand what arrogance I have shown in my 2 line
mail. Same mail I am repeatedly writing to NSDC & other clients for
our due money, they also have to react like you.  Considering my
economic condition and present financial requirements it’s really not
possible for me to wait 3 to 4 months for salary.  I don’t think I
have written anything wrong. You are treating that by asking for my
salary I have done a crime and now I am like criminal for you.
As a friend I would like to advice you please don’t drop such a mails
which only darken doubts, confusion in the mind the consultants about
the intentions of CEO and organization, it’s not good for the health
of organization. Though you are thinking I am wrong, I would like to
apologize for my mail.

 

"If you remember, I am the person who compelled people to resign
because of their underperformance,
 '

Let your own very able local senior counsel specializing in Labor/service matters of unshakable repute and integrity draft your communications/representations.

Sit in person with your counsel.

 

 

 

 

 

Sharad Pant (Director)     21 May 2017

Thanks sir, thanks for your time and support. 

Kumar Doab (FIN)     28 May 2017

You are welcome.


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