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Karthik (self)     03 December 2014

Employer not relieving and threatening to pay bulk money

Dear Sir/Madam,

I have joined an X IT Consulting Company on late oct 2014. As they did not had any projects relevant to my skills, they were asking me to take some other work, which is not appropriate to my skills. I have rejected that and then I was asked to resign verbally. After I have sent my resignation, they are not accepting the resignation and was pushing me to take the work, which they have assigned. I told them, I cannot take it up, and now they have sent an email asking me to pay a bulk amount as compensation. Also they have not processed my salary for month of Nov 2014. Could you please kindly support me, how should I proceed with?

 

Thanking You,

Karthik



Learning

 2 Replies

Kumar Doab (FIN)     03 December 2014

1.The salary that has to be paid is for the month that employee has been in employment.The work is to be assigned by employer. Even if no work is assigned earned wages have to be paid on due date.

The employee can lodge a complaint the moment the payment of earned wages is delayed even by a day to Inspector under ::::

--Payment of Wages Act (applicable to all employees drawing wages upto Rs.18000/pm as per def. of wages in the Act), 

The employer can be penalized say Rs.7500/instance....

 

---(Name of the state) Shops and Commercial Establishments Act.

The establishment that you have mentioned would be covered by this Act and your lawyer may opine after asking a set of structured questions that you are covered by the def. of 'Employee' as in this Act and one of the duties of the Inspector is to ensure that wages are paid on due date and even FnF wages are paid on last day in office....

 

 ( Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of the employees working in such establishments............

You may go thru it and also inquire from Inspector appointed under this Act( the local Labor Inspector might also be functioning as Inspector under this Act and also as Inspector under Payment of Wages Act)/Employee's unions/female employee's unions/Trade Unions like CITU-INTUC-AITUC-BMS etc

 

2. Asking for resignation is offence.If you have evidence then you can proceed against the personnel /employer....

 

3. You could have stated the reason for resigning in notice of resignation (Including some breach by employer)  and even that Mr/Ms..............demanded/forced for resignation....................hence you have submitted notice of resignation under the force of the event.

 

4. Standing Orders might also be applicable to the establishment.

 

5.Notice period/pay is part of service conditions that are governed by various enactments applicable to the establishment ::::::and such companies are governed by it................e.g.standing orders (certified/model........................if standing orders are not certified then model standing orders shall apply) , Shops and commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments..............

 

Model Standing Orders::The notice period/pay in probation period is NIL and after confirmation period 30 days......and service certificate has to be issued to all employees....

Shops and Commercial Establishments Act ::: It is as per length of service period and max.30 days as per length of service...

 

These being instrument of law/statue/enactment shall prevail upon any private agreement that employer has signed with employee e.g. appointment letter/contract of employment.....

 

 

 

6. The job advt, offer letter,appointment letter/document explaining KRA's etc may show the duties that were to be assigned to you..................
Even if it is stated that........... you will perform all work that it is assigned to you ...............it is but natural that a software engineer can't be asked to handle kitchen operations... 
 
7.You may show the job advt,job application, interview call letter, selection letter, offer letter,appointment letter/document explaining KRA's ,HR policies/service rules and regulations stated in appointment letter, notice of resignation submitted by you and its acknowledgment/acceptance and proof of delivery, email demanding compensation etc to your able Labor Law Consultant/service lawyer and give inputs in person...............and preferably let your counsel structure and draft your fitting reply to demand f compensation....    
 
 
8.You should have built some written and favorable record by writing to good offices of appointing authority/MD about the allurements e.g. projects/type of work to be performed by you and actually being assigned and forced on you... etc and that you have been rather made to be on bench.............and that the purpose to do work related to your qualification/experience/ambition and purpose of joining the company as allured is not achieved and you are getting.......................say rusted.....

 No work/project that was advertised to you has been allotted to you and that the fact is that no such work is available with the company and because of it you may lack........in say competitive technical field........ 

You must highlight that NO TASKS are pending at your end and your conduct and contributions have very well been appreciated by your managers (get some in printed version too)...

 

 

9. Since you have resigned as per demand of employer and for assigning the suitable work..............you may demand that the salary of month be paid to you with salary slip immediately................demand of compensation be withdrawn in writing at once and...................acknowledged and accepted copy of notice of resignation, acceptance of resignation,service certificate,relieving letter (with good comments), salary slips of all months preferably bearing digital/original stamp,FnF statement in original,PF number with a/c slips,ESIC card,Form16,NOC/NDC,acknowledgment of handover of charge and company property,............etc be supplied to you within office hours of your last day in office i.e dated...........

 

 

10.You should return all company assets under proper acknowledgment on the spot.

 

 

11. The company has to and shall encash leave, compute Bonus etc in FnF statement that should be sent to you for verification and acceptance.

 

IN case you are unable to handle the matter on your own consult your able Labor Law Consultant/Service Lawyer and proceed further under expert advise of your lawyer.  

1 Like

Adv k . mahesh (advocate)     11 December 2014

first go through your appointment letter and draft a mail to them stating about your assigned duties you were joined for what skills and ask about your payment dues till date which will help in near future for you if your want to have discussion regarding payment face to face 


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