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Gorakh Nath Mishra   07 August 2018

Salary for June

i was working as a manager in a company in Gurgaon. it deals in restaurant. I joined in Nov'14 and since year 2016 onwards salary was being credited late say after 20 or 25th day of second month sometimes after 28th too. After that I realised that its not going to be better and I decided to put down my papers and finally I resigned dated 1st June. As per the clause of appointment letter I was required to serve a notice period of 3 months, which I did stated in my resignation letter. But once I started giving interviews I came to know that no body is willing to give me 3 months time to serve the notice period and the maximum they can allow me to serve a notice period of 30 days and after that they wanted me to join. I approached my HR stating that I have got a new job and will be able to serve my notice period till 15th July only and will clear my dues.
But now they are not responding neither my June'18 month salary has been credited till date. I have forwarded a mail also in lieu of my June'18 month salary but there is no response.
Please do guide me what should I do in this case.
Thanks!



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 August 2018

You can bring that grievance to local labour commissioner office and settle there.

Kumar Doab (FIN)     07 August 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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?

 

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……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc 

Kumar Doab (FIN)     07 August 2018

Is your next employer willing to buy out (shortfall) in notice period?

Probably the payment of salary is blocked to adjust notice pay.

Gorakh Nath Mishra   08 August 2018

below are the basic information required:-

What is this establishment; Govt, private, Commercial, Industrial?
Ans. Private. Its a private limited company.

What is its nature of business say; IT, ITeS?
Ans.- Restaurant

How many persons are employed in it?
Ans.- 100+

What is your designation and nature of duties?
Ans.- District Manager Operations. Duties was to supervise the restaurant operations.

How many persons report to you?
Ans.- All the restaurant staff which is 100+ were reporting to me.

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
Ans.- I was not having such powers but suggestions and recommendations have to go by me.

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Ans.- Delhi, 10th Nov'14 to 16th July'18. 3 years 8 months.
Nothing is confirmed in writing, but have got promotion in this company. As per the appointment letter confirmation letter was due but never facilitated. But Promotion was done in Aug'16.

Do standing orders (model/certified) apply to establishment and your designation?
Ans.- Not sure on this.
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Ans.- Notice Period was for 3Months what I have served is for 1 month 16 days.
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Ans.- No.
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Ans.- Nothing in writing.
Are you a member of employee’s/trade unions?
Ans.- No.
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……………?

 Ans.- What I am having is offer letter, appointment letter, salary slips.

I have answered the above question. Request for needfull action.

Kumar Doab (FIN)     10 August 2018

You may acrefully go thru;

Delhi Shops & Estbs Act.

Delhi Shops & Estbs Rules 

 

Such establsihment and by nature of your div (say; other Kitchen operation) may be covered by the Act.

If you are covered by the def. of 'Employee' as in the Act then notice period should be governed by provisons of the Act...

The employer/establishment is apparently withholding salary to square off the dues by notice pay..


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