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Anju (Engineer)     22 May 2014

Employer delaying salary always and not accepting resign

Hi, 

I am working in a UK based IT Company in Kerala. I  am a Software engineer. My employer have never paid me salary on time. Our salary date is 10 of a month. Salary of feb and march was paid at april and may and till now i did not get my april's salary. I have contract with my employer to work for two years, but now i have completed only one year here. I have got another job offer and my employer is not releasing me and asking me to pay compensation.

Presently i am not involved in any live projects also, bcoz all projects have been stopped due to some issues. All my senior developers have resigned and gone.

 

What can i do to release me after my two months notice period. Please help me.



Learning

 7 Replies

Kumar Doab (FIN)     22 May 2014

Other query by the querist is at:

https://www.lawyersclubindia.com/forum/Regarding-experience-certificate-102481.asp#.U33xuUeBmXU

In other query you had mentioned the bond is for 9 months and this query as 2 years.

It has already been posted that salary has to be paid on pay day i.e. 7th., original certificates can not be kept as collateral, and service certificate has to be issued to all employees, the bond can only be in lieu of some extra ordinary favor and if you worked as regular employee and not as Trainee actually getting some certified course training then Bond may be void, and since you have paid training fee, notice pay employer can not hold on to anything.

The respective law of the land, details of unions and lawful authorities has been provided.

Now you need to approach your lawyer/law firm and act as per advise of your lawyer.

 

 

1 Like

Anju (Engineer)     22 May 2014

https://www.lawyersclubindia.com/forum/Regarding-experience-certificate-102481.asp#.U33xuUeBmXU

This issue is regarding my previous employer... The above mentioned issue of two years bond and delay in salary is with my present new employer.They are not accepting my resignation and they are not having any projects now. All my seniors resigned and went and this organisation has sent asway two employees as they dont have projects and have some financial issue. 

Kumar Doab (FIN)     22 May 2014

If there are no projects it implies no tasks are pending at your end. You should state it in writing under proper acknowledgment.

Why would any employer leave an employee that is  under BOND?

The wages have to be paid on time and non payment of wages is breach of contract by employer. 

 

The bond can only be in lieu of some extra ordinary favor and if you worked as regular employee and not as Trainee actually getting some certified course training then Bond may be void.

The issue pertaining to present employer also is addressed in detail in other thread.

Nothing more to add.

Now you need to approach your lawyer/law firm and act as per advise of your lawyer.

 

You may wait for the post by members/experts.

 

 

1 Like

Anju (Engineer)     22 May 2014

They have not been paying ..salary delays for more than two months. No projects are pending. But when i request them to release me .

For my resignation thy replied me as below :

At the time of confirmation after probation period , you had agreed to work for a minimum period of 

2 years as we had spent a huge amount and time on training you. Just after  getting trained by experienced developers you are trying to leave,causing heavy loss to the organisation. We will be constrained to recover all the expenses incured on you if you leave the organisation without completing the committed period.You are advised to withdraw your resignation.

 My reply for this mail and reply from our director can be found as attachment. They are saying to pay some amount. But they did not give any training from paid trainers. A one year experienced senior developer gave me training .That too daily max. 2 hours and gave some tasks to do and study. 

Will i be released if i try legally

 

  



  

 

 




Attached File : 737140457 resignation details.docx downloaded: 42 times

Kumar Doab (FIN)     23 May 2014

When a new employee joins a company it is but natural that the employer shall provide the product manuals to study and some one from company shall explain the products and strategies.

It is but natural that reporting authority, supervisors shall supervise the work and this should not be termed a paid training.

Your replies are not properly drafted.

It is our hunch that :NO lawyer shall provide any guarantee!

The decision is taken by court of law on merits.

Your lawyer can advise you on the merits.

Various options available to an employee have been discussed in other thread.

There might be other options as deemed fit at your end.

You may choose wisely.

It is suggested again that you should approach alongwith your elders in the family,employee's unions, trade unions, lawyer/law firm, lawful authorities and after the merits and options you may proceed further  under expert guidance of your counsel.

 

Anju (Engineer)     23 May 2014

Actually , I joined as Software Engineer (Trainee), even though i had experience in PHP that was not considered. they did not give me any certificate training. They gave me daily 1 hour class by my senior and assigned me some tasks to do alone related to the project i was to deal with. Now they are saying they have huge financial loss and have to give compensation.

 

After my probation they confirmed me and also gave me hike in salary.

Kumar Doab (FIN)     23 May 2014

It appears no training period was mentioned in offer/appointment letter issued to you, and only probation period was mentioned.

Training and probation period are to asses that whether employee is suitable to be absorbed in permanent employment or not.

You performed well and were  absorbed/confirmed.

More than sufficient has already been discussed.

Nothing more to add.

Finally consult your elders and your counsel. 


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