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Ram   09 March 2021

Non payment of salary and tds

Sir

From Bangalore

I had joined Broadvision pvt ltd on 25th May,2020 as an Art Director.Due to my wife's surgery (major)I couldn't continue the organaisation as we got stuck in our native and I had sent a resignation on mail on 1st Dec,2020.

I had a talk with the CEO,as he also understood the situation at the time of resignation.

Mail communication was smooth and the finance team informed me through mail that November salary with TDS will be paid soon. 

Once i had handed over the system and other things they refused to pay my November salary and my 6 months TDS.

I had sent mails also.The CEO had replied that I had breached the offer letter  as

1.i need to give 3 months notice period 

2.There was no billing from the client for the project i had headed

3.No productivity.

4.False allegations-I had forged my previous company's salary slip-which is not true.

 

He had agreed and the decision of resignation has been taken with mutual understanding but now he is not standing on his words.

I have all mail ,WhatsApp,communications done on work as it was Work From Home.

I had mailed  several times but not getting solution.How to proceed on this??



Learning

 1 Replies

Ritesh Maity (Labour Law Advocate)     10 March 2021

Originally posted by : Ram
Sir

From Bangalore

I had joined Broadvision pvt ltd on 25th May,2020 as an Art Director.Due to my wife's surgery (major)I couldn't continue the organaisation as we got stuck in our native and I had sent a resignation on mail on 1st Dec,2020.

I had a talk with the CEO,as he also understood the situation at the time of resignation.

Mail communication was smooth and the finance team informed me through mail that November salary with TDS will be paid soon. 

Once i had handed over the system and other things they refused to pay my November salary and my 6 months TDS.

I had sent mails also.The CEO had replied that I had breached the offer letter  as

1.i need to give 3 months notice period if the notice period is of 3 months in terms of your letter of appointment, then you are required to serve the same period.

2.There was no billing from the client for the project i had headed - Immaterial

3.No productivity. - Immaterial

4.False allegations-I had forged my previous company's salary slip-which is not true. - immediately deny such allegations in writing.

 

He had agreed and the decision of resignation has been taken with mutual understanding but now he is not standing on his words.

I have all mail ,WhatsApp,communications done on work as it was Work From Home.

I had mailed  several times but not getting solution.How to proceed on this?? May be you should consult a labour lawyer with all documents i.e. letter of appointment, resignation letter, response of company and all related communications (whatsapp/ emails/ text etc) and then decide the future course of action.

 


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