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Srinivasa   21 December 2017

Not giving salary

Hi,

I have worked for 2 years in a correspondence education company, they are not giving salary in on-time. I am getting salary every month in delay of 10-15 days, I left my company without giving notice because when I asked the salary in the management and finance department they didn't provide salary to me and they fight against me and those people are saying that I'm making non-sense and Rowdism because of asking my salary. I not going to job from last 1 week till I am waiting for salary. They have pledged my documents if I didn't serve the notice period of 45 days they won't give my documents back.

So I request you to help me on this how and where I can lodge a complaint so that i get the dues settled or not.

Please help me on this.

 

Thanks



Learning

 5 Replies

Kumar Doab (FIN)     21 December 2017

Employee should not err.

You have erred by absenting without notice/communiqué under proper acknowledgment.

What are your documents that you termed as ‘pledged’ and won’t be returned to you if don’t serve notice period of 45days?

If employer is violator of IT’s own committements and don’t pay salary on fixed/promised day/date then firm up your next venture and try to get waiver of notice period/pay amicably and get separated with relieving docs.

Skilled employees can make this happen.

Kumar Doab (FIN)     22 December 2017

In case you do not attend office for say 8-10days then as per service conditions/certified-model standing orders applicable to establishment and your designation/as per duties on record…………the employe may los lien on employment.

Employer of IT’s attorney’s in Line Management/HR/Legal cells may insert in internal records that employee has absented/abstained/absconded and announce misconduct and terminate employment.

Later employee may have to handle this part also.

    

Try to cover the lapses and if possible attend office and get the period of absence regularized, by amicable settlement.

 

Kumar Doab (FIN)     22 December 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     23 December 2017

If employee (you) want to agitate then employee should build some irrefutable written record of merits to approach appropriate forum if required.

Employee should submit gentle communication under proper acknowledgment and narrate difficulties.

Or In case you want to leave then tender notice of resignation under proper acknowledgment. You have the option of explaining the reason.

In case you cannot attend office until your salary is paid, narrate in writing under proper acknowledgment.

There are so many establishments that do not pay on time.

Remain amiable and gentle and to the point and avoid emotional outbursts.

 

Interest on period of delay of payment of salary/payouts can be claimed. 

Srinivasa   25 December 2017

Thank you all


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