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Gourav (Manager)     20 April 2015

Full and final settlement on hold

Dear Experts,

 

Greetings,

 

I write to you today to seek support against a company that is shamelessly destroying all labour laws by snatching the hardearned money of employees. While they work for this company, the company doesn't pay their salaries on time i.e. between 1st to 7th of the month and pays it on 10th to 15th, that too through a cheque dated 7th of the month

 

Senior employees are forced to fire their subordinates without paying them their salaries by quoting non-performance, just after 1 month of their tenure. I was also forced to ask 3 of my team members to leave just after their 1 month of tenure despite of them being good employees and performing despite lack of basic resources. Their salaries were not even paid and they were not even paid their full and final settlements too.

 

I worked there as a GM and left the company due to these experiences of un-ethical work culture and bad working environment on 15th of Feb 2015 and since then I have written several emails to them for my full and final settlement, but to no response. 

 

After talking to some of the old ex-employees of this company, I came to know that this company has a track of holding employees' salaries.

 

Request you to please guide and support and if there is a local labour law lawyer to support by sending them a notice, I can provide all relevant documents for the purpose.



 7 Replies

Adv k . mahesh (advocate)     20 April 2015

which city are you from and see your local labour acts rules

first meet a aituc or your union local who can help you to assist such instance by the company and what ever you do you have to be on paper only because oral communication will not work as evidences with proper acknolwedgment

1 Like

Gourav (Manager)     20 April 2015

Thanks Adv. Mahesh Ji,

 

This case is from New Delhi, and as per the laws of the state, they can't hold the wages of an employee even if he/she had worked for a single day.

 

This company is notorious for such acts and there are several such cases of snatching salaries of employees. 

 

I have all relevant documents - offer letter, relieving letter, salary slips, follow-up emails for F&F...

 

I just need to send them a notice to let them know that atleast one employee is not taking it easy. 

Adv k . mahesh (advocate)     20 April 2015

i can understand and in this forum there are many lawyers from delhi you can contact them

1 Like

Kumar Doab (FIN)     20 April 2015

What is the notice period inserted in appointment letter and tendered by you?

Did you serve notice period?

Did you ever object to delayed payment of salary in writing while in employment?

 

Are other affected employees willing to join hands and complain against the employer?

 

 

1 Like

Gourav (Manager)     21 April 2015

What is the notice period inserted in appointment letter and tendered by you?

There was a mention of 1 month notice period, however, it was never adhered to and was neither discussed in written or verbal before mutual agreements done between me and company on leaving.

Did you serve notice period?

No, as stated above, it was not the norm in the company, the employees were being asked to leave without being paid their salaries too and hence employees started leaving without serving the notice period. Smarter employees leave just after getting their salary. The attrition rate in this company is 115%.

it is also important to note here that the relieving cum experience letter that I received from the HR did not mention anything of this sort and neither did it talk about "clearance of all dues".

Did you ever object to delayed payment of salary in writing while in employment?

I did object to this verbally and raised the issue with the HR person, however since I worked there for just 4 months, I couldn't think of being a rebel, as it didn't matter to them much. The owner of the company was ruthless to say unprofessional things on the faces of employees during reviews. I was happy searching for a better option.

Are other affected employees willing to join hands and complain against the employer?

As stated above, the issue in question here is only mine and I would be happy if other suffering employees join hands, however i don't wish to make it a campaign against this company and just want to have my salary paid. Hence I am seeking a professional advice from experts here.

 

Someone who has taken steps suggested me to send them an unofficial notice through speed post stating that I may take a legal action if my dues are not paid within 15 days. If they don't respond then take a legal course of action

Kumar Doab (FIN)     21 April 2015

1.You may post clear reply: a. Whether an appointment letter was issued to you or not? b. If yes,what is the notice period inserted in it.

2. What is this new agreement that you have signed before leaving? What new conditions does it contain.

 

The Delhi Shops and Commercial Establishments Act does not discriminate between a 'Workman' and ' Non Workman' and your counsel after examining all docs on record may opine that you shall be covered by the def. Of employee as in the Act........and notice period for your period of service might be either Nil/ or 30 days. Your counsel may also opine that in case the salary  was not being paid...................the notice period has lost its sanctity.

 

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