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Nilesh (Share Market Trader(Individual))     09 August 2012

Resigned but was on bond for 2 years

This is on behalf of my friend bcoz of internet availability....

Scene is my friend has signed Bond for 2 years and resigned after 1.5 years.

The reason for resigning was late salaries and salary after 1/2 months. He has to pay EMI for his home loan so, it was not possible for him to continue the this organisation.

He had communicated and delivered his message via email to company to kinldy make payments in time.

Now, he left that company with proper notice period of 2 months.

 

When he asked for Relieving letter and FnF, now company is denying and saying that you left organisation whereas on Bond. 

The same had to be communicated while he was on Notice period and given a resignation letter. But, that time company wasn't informed and said that we will relieve you.

 

Please guide in this case whereas he is blank.



Learning

 1 Replies

Kumar Doab (FIN)     09 August 2012

 

Non payment of salary has rendered employer unworthy of being employed with.

"He had communicated and delivered his message via email to company to kinldy make payments in time."

His email may prove to be useful.

He may show his appointment letter, standing orders, and bond to a competent and experienced service lawyer.

The practice of bond and bond may be against standing orders of the company.

He may cite SE Act of his state applicable to the company.

As per Delhi SE Act:

19. Time and conditions for payment of wages.—(1) Every employer or his agent or the

manager of any establishment shall fix periods in respect of which wages to the employees shall

be payable and such person shall be responsible for the payment to persons employed by him or

all wages required to be paid under this Act.

(2) No wage period so fixed, shall exceed one month.

(3) The wages of every employee in any shop or establishment shall be paid on a working

day before the expiry of the seventh day of the last day of the wage period in respect of which the

wages are payable.

(4) All wages shall be paid in cash.

(5) Where the employment of any person is terminated by or on behalf   of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.

 


Attached File : 344665926 delhi shops & establishments act, 1954.pdf downloaded: 115 times

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