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Arpit Sharma   18 February 2017

Employer not giving salary

Dear Madam/Sir,

I am working in a Publicly listed but Private Coaching insitute (Resonance Eduventures Ltd). The company is based in Kota, Rajasthan but I am posted in Surat, gujarat. My boss in Surat had been trying from quite some time to throw me out of the company, and trying to trap me in some thing or the other. When nothing worked in his favour, he put my salary on hold and denied to give it by saying that I had not completed the assigned work. However, it was due to him that the work was not completed. I had written proof in the form of email conversation. I contacted the Higher Management(HR head, CEO and MD of the company) regarding same and sent them the mail as to how on different occassion he mentally harassed me. However, no response came from their end. I have not resigned from the company yet, but started working else where on hourly payment basis, as the company is not giving me my salary, and had put me in financial crisis.
I, kindly, request the eminent lawyers of this forum to suggest as to what should I do, as I believe that teaching profession do not come under labour court.. Am I correct on this? 

In case if any one needs the communication which I sent it to the Higher management then kindly let me know.

Thanks,
Arpit



Learning

 32 Replies


(Guest)

How much salary is due?

1 Like

Ritesh Maity (Labour Law Advocate)     18 February 2017

Whether you come under labour law or not, first send a demand notice/ legal notice under registered/ speed post first. It is essential before starting a legal procedure. 

However, since you have started working elsewhere (for whatever reason), you may be charged with "double employment" if proved. 

If you think the ex company won't pay you and you do not want to even continue there, then first resign. 

Irrespective of the situation, send the notice as mentioned in my first para.

1 Like

Kumar Doab (FIN)     18 February 2017

During the work hours employee is at discretion of employer.

The wages are paid for being at disposal of employer during work hours.

You have as per your own post, explained the charge for Non Completion of Work, as false, to superiors/employer.

Leave was agreed upon in principle as per you.

You could have obtained sanction in writing.

If work was not done ad leave was not approved and you were absent then look into policy for deductions if any, from salary.

Be cautious; since remaining on un-approved leave is misconduct. 

First: Clarify the matter and Request to supply both: salary slip and salary.

The parallel employment may also be misconduct, Relate with T&C as in appointment  letter.

What was monthly salary and break up?

1 Like

Arpit Sharma   20 February 2017

Thank you Helping hand, Ritesh Sir and Kumar Sir for addressing my query. My salary due is around Rs 36000/-. Breakup of the same is as below:

As per the guidance above i would resign today with immediate effect.

@Kumar Sir, as per the appoinment letter if an employee remains absent for 8 days then it is regarded as Absconding. And since they had not given me the salary, I was not going there but had got a call(on the behalf of my Surat boss) then about joining, to which I said that once my salary is credited I will join.

Also, please let me know if its worth to fight against employer for this much due amount, given the time, procedure, money & efforts required from my end.

Thanks a lot again to all forum members for their instant and true guidance.

BASIC

 

12000.00

HRA

 

4800.00

TA

 

1600.00

CEA

 

200.00

SPL_ALLOWANCE

 

4740.00

Medical

 

1200.00

Conveyance

 

1500.00

Leave Travel Assistance

 

3000.00

BNP

 

960.00

Ritesh Maity (Labour Law Advocate)     20 February 2017

Originally posted by : Arpit Sharma

Thank you Helping hand, Ritesh Sir and Kumar Sir for addressing my query. My salary due is around Rs 36000/-. Breakup of the same is as below:

As per the guidance above i would resign today with immediate effect.

@Kumar Sir, as per the appoinment letter if an employee remains absent for 8 days then it is regarded as Absconding. And since they had not given me the salary, I was not going there but had got a call(on the behalf of my Surat boss) then about joining, to which I said that once my salary is credited I will join.

There is no term as 'absconding' under labour law. However, absconding is often misused for unauthorised absenteeism. Have you stated in writing that you are unable to continue duty due to non payment of salary? If not, then they might charge you for unauthorised absenteeism. Please note that unauthorised absenteeism and non-payment of salary are different issues in the eye of law.

 


Also, please let me know if its worth to fight against employer for this much due amount, given the time, procedure, money & efforts required from my end.

You are the best judge of your scenerio. But certainly you will have to spend some time if you do not appoint a lawyer. 


Thanks a lot again to all forum members for their instant and true guidance.





BASIC

 

12000.00




HRA

 

4800.00




TA

 

1600.00




CEA

 

200.00




SPL_ALLOWANCE

 

4740.00




Medical

 

1200.00




Conveyance

 

1500.00




Leave Travel Assistance

 

3000.00




BNP

 

960.00



 

 

Kumar Doab (FIN)     20 February 2017

Contention of Employer/Boss: Work not done.

Contention of Employee (you): Work not done, due to boss, and evidence proves it. So prove it, if asked further.

Question arises: Has employer or Boss posted it as reason for Blocking Payment of Salary? If yes; then deny it and ask to release the payment of salary.

If employer/boss levy some fine/deduction from salary; then let them pay the salary and show deduction in salary slip……………………and let them issue a memo for deduction citing clause number……………of company’s policy. You can explain in writing and object to deduction.

 

Leave: You have already posted that it was approved in principle and that is why you made reservations. Hope you tickets; reserved and cancelled. Attach the copy, if required.

In future apply in writing, by submitting leave application under proper acknowledgment, and obtain sanction of leave in writing.

 

 

Absconding/Absenting/Abstaining: Submit in writing that your salary has been stopped and not paid, despite our representations the salary slip   and salary has not been supplied.

 

And at least mention on record under proper acknowledgment that you are unable to meet your expenses/responsibilities, due to Nonpayment of salary,  and shall join duty immediately upon payment of unpaid salary/communication on payment of unpaid wages……………..And in clear words that you are not Absconding/Absenting/Abstaining……………….and you have already conveyed it to boss on dated/time………………….when he called you from phone number…………………at your phone number…………and ask what are next directions for you.

Kumar Doab (FIN)     20 February 2017

Your boss has made a phone call to you thus has avoided sending any written communications to you. However as per internal/unpublished tactics or policy of the company he may submit his own report and you may be put on process for termination. On such charges you shall not be eligible for notice pay in lieu of notice period, as it is misconduct.

Later you will end up contesting termination.

 

Parallel Employment; Once again relate with T&C in appointment letter, service rules, service conditions, conduct and discipline rules of the establishment.

Do you have these?

Do you have rules framed by your state for employees for such establishments…………………….teachers working in such private establishments?

Are you aware of any employee’s union/forums in your state that can take up your cause and represent to management?

Even if you are (as employee) right and are being harassed, you (employee) must act by building proper record and defend his/her interest.

 

 

It is not just payment of salary but termination on charges of misconduct that you may have to fight.

You should have joined duty and contested/agitated while in employment.

Arpit Sharma   26 February 2017

Dear All,

 

Thanks a lot for your suggestions in such a elaborative manner. I had conveyed the message for my absence to the Higher Managment and had attached here for your reference. 

However, I had decided not to join this organization again as I see that even higher Management is also not responding to the email communication which I sent them. I waited almost for 15 days but no one respended for my email. So my question is, after resigning from the company by giving reason for resignation as 'Non-payment of salary', can I take this fight further legally by sending them the legal notice to dispatch my salary?

Also, can I send the legal notice to my Boss(at Surat) and to the registered company office(at Kota)?

Thanks a lot all of you for your help..


Attached File : 375149 20170226131840 180753905 mental harassment by surat center head.pdf downloaded: 37 times

Kumar Doab (FIN)     26 February 2017

You could, should have added that you are facing financial hardships and are unable to manage the expenses towards say: attending office/work,

And also personal/family/social etc liabilities……………………..that you are under obligation to fulfill, such obligations.

Ritesh Maity (Labour Law Advocate)     26 February 2017

Even after resignation, you can demand salary which is due and payable to you. 

 

Send the legal notice to your office only. You may send the notice to your boss or to Kota too but it may lead to multiplicity of parties, which is not really required from legal point of view i.e. you will not get any added advantage if you send the notice to your boss.  

Arpit Sharma   27 February 2017

Thanks a lot Ritesh Sir and Kumar Sir. I will definitely send a legal notice to the company.

Arpit Sharma   27 February 2017

Thanks a lot Ritesh Sir and Kumar Sir. I will definitely send a legal notice to the company.

Kumar Doab (FIN)     27 February 2017

The bosses are trying to level allegation of misconduct.

You need to handle it.

If Local Boss is not any authority to block payment of salary and has committed transgression so as to simply vindicate and harass, he becomes perpetuator and party.

You have also accused him in your communications.

If the dispute is beyond the scope of conciliation then you need to separate without any blot on your career and in internal records of the company.

You should get clear relieving letter (with good comments rather than without any comments or with adverse comments).

I have sent you some links.

GO thru carefully and discuss the matter with local counsel specializing in Labor/Service matters, before you proceed on your own.

 

Arpit Sharma   01 March 2017

Thanks a lot Sir for guiding us and providing us clarity in such a depth. I had decided not to work for this company again ever. As, even the HIgher Management is not bothered to address my mails and reply them back. Moreover, if I send them the legal notice then anyways they will put me in blacklist of the company as they might felt their ego to be getting hurt if an employee drag the company in the court. I will definitely take guidance from local counsel in this matter. Also, I thank you from the bottom of my heart to share the links related to this matter.

Sir, I wish to have one more advice from respected members of the forum that in my Appoint Letter cum Agreement, it is given that all disputes are subject to Kota(Rajasthan) jurisdiction. However, I am in Surat-Gujarat. So, can I file a case in Surat or I have to go to Kota to file a suite? Do, we have any provision where we can file suit against the company in the location other than their registered office location?

 

Thanks,


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