Employer denied to pay salary and put wrong allegations

An employee should always consult elders in the family, competent and experienced well wishers,

seasoned employee’s/trade union leaders, a very able senior LOCAL counsel of unshakable repute

and integrity specializing in Labor/servcie matters and well versed with latest citations, LOCAL

applicable rules/laws … and having successful track record…. and worth his/her salt…..for a

considered opinion..

Have you discussed LOCALY and show all matter related inputs/docs and if yes, then they would

have adequately advised you and satisfied you? By the way what’s the opinion you have received?

While you carefully drafted your query you have not posted what exactly is your intent and what

exactly you want to do e.g; get salalry of 17 days alone, or get acceptance of resignation/ clean relieving docs/service certificate etc etc ?

There are many such carefully and even loosely drafted queries at LCI posted by querists with some

ID and as anonymous…

And many have resolved the matter by applying their own skills and with support of their counsels..

If you wish you can search by using SEARCH option and pick up relevant points/links of applicable

enactments/citations….

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period

or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Do you have copy of SMS (resignation) sent by you and reply by SMS of your manager?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms,

matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF

number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF

statement, acknowledgment and acceptance of notice of resignation/final resignation,

acknowledgment of handover of charge, NOC/NDC……………?

Do you want to pay as per letter and agitate later or you don’t want to pay?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

The said employer/company; M/s Pinnacle Infotech is probably in Maharashtra..( Thane).

The employee might be covered by def. of ‘Employee’ as in Bombay Shops & Estbs Act..

GO thru;2 (4,6,7),66

https://mahakamgar.maharashtra.gov.in/images/lc/pdf/the-bombay-shops-establishments-act.pdf

Also go thru Bombay Shops & Estbs Rules

The notice period is for employer and for service period of more than 1Y IT is 30days..

By equitable discretion IT should be 30days for employee…

Contract of employment should offer equitable discretion for employee or IT might get termed as arbitrary.

The employer alone ie. M/s Pinnacle Infotech can Terminate..the employment.

As per your query the employee has in writing, offered to serve full notice period and has clarified that there is NO T&C/clause, agreed/signed on record to serve for 1Y min. in appointment letter/increment letter ( service agreement/bond)…The employee seems to have built favorable record.

In attachment NO threat to destroy career is seen..There is just one liner ‘I shall deal IT my way’…………implying MY way or high way..

In attachment NO termination by Capitol First is seen

Has M/s Pinnacle Infotech terminated the employment or asked not to attend office ; in writing or verbally?

Is employee attending office to complete serving notice period of 3 months till 1July, 2018?

If M/s Pinnacle Infotech has not terminated by termination order and employee is attending office then how does question of 17days salary arise?

As per emails employer is declining to accept resignation citing said 1Y service agreement/bond that as per your query does not exist on record.

Has employee firmed up suitable next venture and is next employer willing to absorb on the strength of copy of resignation alone..? If yes, has employee joined successfully by sharing all facts on past matter and got proper employment  related docs and is getting support of Line Managers, HR, employer..? If yes, IT is good.

If the employee is trying to resolve the matter by engaging in discussion and building irrefutable written record and/or by phone calls/visits and with his skills e.g; persuasion, persistence, reasoning, negotiations then IT is one the way out ….

Or employee can approach;

Seasoned IT/ITeS employees/Trade unions leaders for LOCAL guidance and help

A very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for a considered opinion..Guidance and help

Inspector appointed under Bombay Shops & Estbs Act ( if employee is covered)

Inspector appointed under Payment of wages Act (if employee is covered by def. of wages as in the Act)

O/o Labor Commissioner of appropriate govt as applicable in your case (labor Inspector, ALC, DLC………………if employee is covered by def. Of workman as in ID Act)

Civil Courts…

Check with DLC if Dept. of Labor authorities have formal/informal plateform to ask employer-employee to sit and reconcile the differences and close the matter without litigation…

All of the mentioned enactments should be available on Dept. of Labor Maharashtra…

If employer has accepted resignation before expiry of notice period then IT should tender notice pay for shortfall in notice period..per applicable service conditions

If employer has terminated without notice then IT should tender notice pay..

If employer has terminated citing misconduct then IT should provide opportunity of natural justice..

IT is your discretion to proceed further in the matter as deemed fit..

See my dear friend, after going through the mail conversation I would suggest that your brother made a mistake in writing the resignation letter. The mistake is that he wrote that letter on 1st April 2018 and gave its effect on that vary date itself. There is no mention of prior notice of certain months or nor even reference of clauses of terms and conditions of the appointment letter.

Any way it seems that the employer is very nsecure and conscious about only his needs. This problem is better to tackle it wisely. Ask him to pay more if he wants to retain you further or such tcondition that he cannot never fulfill, else his silence or rejection will be assumed as acceptance of the resignation letter for his limited capacity after the three months period.

It's not just about money, It is about mental harrasment, it is about wrong allegations he has put on my brother just to take the revenge. He threatened that he can destroy my brothers career and will not pay him and he can do anything he wants.

My brother was employed with Pinnacle Infotech based in Thane for almost 1.5 yrs as a Application Developer.

Pinnacle Infotech is a IT Consultancy firm which provide job assistance to freshers. They make employee work for 6-8 Months without salary. They deploy them to their clients. My brother was deployed with Capital First.

My brother resigned but they didnt accept his resignation. As per appointment letter he was suppose to serve 3 months notice which my brother agreed. But still Vikram (Owner of Pinnacle) was furious on him, then he said he is terminated from client side which was never the case. He just wanted to take revenge because my brother resigned.

@Mr Kumar - Thank you for writing.

Let me explain in more detail.

My brother was deployed with Capital First from Pinnacle. He was working there as an Application Developer.

Capital First is in process of outsouring their IT division to some other company. Hence, all the employees deployed their on third party payroll are actually looking for new job. In the same situation my brother thought of resigning beacuse as per appointment letter he has to serve 3 months notice and hope you understand 3 months notice is a too long period for any company to wait. He thought of resigning and then start looking for a job change.

This was taken negatively by Vikram and he literally threatened over the phone that if you want your reference check to be done properly in future then take your papers back. When my brother insisted that no he wants to leave and look for a better option he said that you have been terminated from your services. My brother worked their for 17 days at client location before he put down his papers. So ideally he is suppose to get paid for his services of 17 days.