Non payment of 2 months salray by the employer


Dear All


Greetings !!!!!

One of my friend is working in a Junior Science College,Odisha as Lecturer in Physics since December'2012.Now she has given her resignation on 5th August mentioning the last working day will be 10th Aug'13 and requested to relieve by 10th Aug.Now the management is verbally saying that you have to give 1 month prior notice for resignation.In this college the salary is not regular and twice a month 1 month salary is paid to each staff.That means they are already holding the salary for 2 month of each staff. Due to this irregularity of salary she gave written resignation and a received copy kept with her.As per her appointment letter there was no such provision mentioned for resignation. As per the appointment letter she is under probation for a period of 1 year.So in this case I suggested her to give minimum of 7 days notice for resignation and  the management couldn't clear the salary for the month of June and July.

In this context I would like to know whether 1 month prior notice is required for her as no such provision is made in the appointment letter neither she has signed any contract.

2ndly is 7 days prior notice is good enough as she is a probationer.

3rdly the college is registered under Trust Act,Govt.Of India.Shall this matter be challenged at Labour dept.or Labour Court ?

Expecting your sincere reply.


 
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FIN

 

If notice period/notice pay in lieu of notice period is not stated in standing orders/appointment letter, it should not apply.

 

 

If notice period is not stated in standing orders/appointment letter, and still the employee has tendered the notice of resignation thus enabling the employer to put his house in order the employee has displayed the character.

If the employer has demanded or adjusted notice pay in FNF statement/settlement the employee may raise appropriate questions and demand reply in writing thru redg. post, supported by certified copy of service rules vide which any deductions have been made from earned wages.

Teachers have not been considered as workman as per various publications.

You may check the university rules with which it is affiliated.

If Payment of Wages Act applies to the college and wages as per definition of wages in the Act, are up to Rs.18000/pm the employee may approach Inspector under this Act.

 

 

 

 
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Dear Sir

                      Thanks for the reply.There is no such notice period is mentioned in the appointment letter also no provision of FNF. No statutory deductions no leave policy is being applied in this college. The attitude of the college authority is to exploit and harassment to an employee just holding the salary of every month and disburse after 2/3 months as and when they wish.Many similar instances has been found in this college.Earlier nobody has raised this type of issue before the college authority that's why they became so exploitative.Already the concerned employee has sent request letter through Registered Post taking all the evidences to pay the pending salary for the month of June,July and for the days worked in the month of August'2013.Already they have received the letter through registered post as per the postal dept. despatch status.But no communication has been made by the employer  yet.

This is purely a private residential 10+2 Science College and registered under C.H.S.E / C.BS.E.So can Payment of Wages act applicable ?

    

 
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FIN

 

The CBSE has issued guidelines and accordingly the affiliated schools must have prepared the service rules.

 

 

 

 

 

It is noted that the CBSE has proposed 3 months notice period and a contract to be entered with teachers.

 

 

 

The notice period is stated as 3 months…………………..

You may clarify is it the bone of contention?

You have posted that:

>>>>> “no provision of FNF’”

Each employer should supply the Full and Final Statement to the employee that has resigned to verify the correctness and raise objections if any before releasing the final payment.

 If the school has not supplied it the employee may submit his list of payables by him to employer and by employer to him and demand payment.

In case the employer does not release the payment the teacher may approach a competent and experienced service lawyer to issue the legal notice and later approach court of law.

Many similar instances has been found in this college.Earlier nobody has raised this type of issue before the college authority that's why they became so exploitative.

All of the affected employees may join hands and approach the regulators e.g. CBSE/CHSE etc………………..

-“No statutory deductions no leave policy is being applied in this college. The attitude of the college authority is to exploit”

For many of the issues you have posted you may carefully go thru CBSE Affiliation Bye Laws complete and meet the Regional Head at the nearest office.

Chapter 7 of the Affiliation Byelaws deals with service rules of the employees. Clause 10 of Affiliation Byelaws of CBSE deals with staff and service conditions.

 

>>>>>>> “So can Payment of Wages act applicable ?”

 

{A teacher, not being a workman, will neither be covered under Payment of Wages Act nor Minimum Wages Act. 

Uttar Pradesh Basic Shiksha Parishild Allahabad v. Prescribed Authority, under Payment of Wages Act, Jhansi, 2006 LLR 869 (SN) (All He). }

 

 

U.P. Basic Shiksha Parishad ... vs Prescribed Authority Under ... on 31 March, 2006

http://www.indiankanoon.org/doc/646346/?type=print

 

22-F. Application of Payment of Wages Act, 1936, to scheduled employments.- Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936) the appropriate Government may, by notification in the Official Gazette direct that, subject to the provisions of Sub-section (2), all or any of the provisions of the said Act, shall, with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employment as may be specified in the notification.

{Therefore you may look for notification issued in your state Odisha}

 

(1) As to whether the provisions of Payment of Wages Act applies to the teachers of such institutions?

{You may check with o/o Inspector under Payment of Wages Act If the notification has been issued by your state govt.}

 

 

You may find the attachment relevant and useful.



Attached File : 78322387 cbse affiliation bye laws.pdf, 78322387 a teacher, not being a workman, will neither be covered under payment of wages act nor minimum wages act.doc, 78322387 unified service rules.doc downloaded 245 times
 
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FIN

 
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Dy Director

well elaborated by Mr Kumar Doab.

 
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