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Sandy12345 (none)     30 January 2018

Salary hold for Dec-17 and later on terminated without pay

Dear Members, I worked for a company from last 18 months. In Jan-18 on salary day (7th jan) my employer hold my Dec-17 month salary. On enquiring they said this will be done on 9th. To a surprise I got a terminatation mail on 9th Jan-18 stating non performance. Now they have refused to pay salary of 40 working days (1st Dec 17 to 9th Jan-18)and 15 days leave encashment. I have sent a mail for clearing my dues upon terminatation but they are simply refusing and replied on mail that, ........" As per terms of employment, the company holds the right to terminate the employment without any notice on account of non-performance or incompetence in discharge of duty" Please note my salary was 95000/month. Kindly guide me what are the option available to recover atleast my working days salary if not for notice days pay. Regards


Learning

 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 January 2018

You can send a legal notice to the company through a lawyer.

kameswarao S (Head HR)     31 January 2018

Dear Sandy,

After working for 18 months they can not simply terminate your services with out giving notice.  Pl check your appointment letter and I opine that there may a minimum of one month notice clause.  In case of probationer they can to some extent, as far as non-performance they need to communicate regularly, give time & training support to improve hence better to write a mail / letter to senior management, send a legal notice.

Regards

Kameswararao

Sandy12345 (none)     01 February 2018

Thanks Kameswararao ji, I wrote a mail to CEO of the company but no reply from him. Can they also refuse to pay for the days I have worked for(40 days) and un availed 15 days leaves. Yes there is a clause mentioned in offer letter that company can terminate employee without giving any Notice or payment for notice. I am concerned about my 40 working days Salary. Thanks Sunil.

Kumar Doab (FIN)     02 February 2018

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 from employee by employer and is not payable by employer to employee?

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped/

Has salary slip been issued and supplied?

What is monthly salary?

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

What is notice period as per appointment letter/offer letter by employer to employee and employee to employer?

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non performance/under performance issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance data? 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, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

Kumar Doab (FIN)     02 February 2018

Has company issued written communication to issue any of the above docs and FnF dues in writing?

Sandy12345 (none)     07 February 2018

Dear Kumar Doab Ji,
Kindly find below & Guide plz.

What is this establishment; Commercial, Industrial?
Ans- Commercial

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

How many persons are employed in it?
Ans-100 People ( Branches in Mumbai, Delhi, kolkatta, bangalore)

 What is your designation and nature of duties?
Ans- Sr. Manager, Handling and sourcing business through channel Partners ( Personal loan/Business loan).

How many persons report to you?
Ans-5 Person

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc?
Ans- Yes for my Reportees

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- New Delhi, 15 months, Service confirmed, Got a Promotion as well with increment in Salary, Promotion letter received.

 

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted from employee by employer and is not payable by employer to employee?
 

Ans-Probation & Employment Termination: as per the Appointment letter.

“The Directors of the company or his/her deputy nominated by him/her shall in his/her sole discretion be entitled to forthwith terminate the employment of the employee without any notice or payment of any kind whatsoever in Lieu of notice or otherwise in the case of any act of dishonesty, disodedience, insubordination, intemperance, or any other mis conduct or neglect of duty or incompetence in the discharge of duty on the part of Employee or the breach by the Employee of any of the terms, conditions or stipulations contained in this letter.”

 

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped/

Ans- Salary day is between 5th to 8th every month. No salary was not even paid for 40 days I have worked for.  There was no written communication regarding salary is stopped.

 

Has salary slip been issued and supplied?
Ans- Yes, transferred in HDFC salary account every month.

 

What is monthly salary?
Ans- 95000/-(Ninty five thousand)

 

Do standing orders (model/certified) apply to establishment and your designation?
Ans- No idea

 

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non-performance/under performance issued to you?
Ans- No

 

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

And- There is no formal appraisal system, but I got a promotion and salary increment in May-17. No I have not signed anything. My performance was good that why I got promotion as well within 6 months after joining the company.

 

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, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

Ans-Yes, 

Kumar Doab (FIN)     07 February 2018

Originally posted by : Sandy12345
Dear Kumar Doab Ji,
Kindly find below & Guide plz.

What is this establishment; Commercial, Industrial?
Ans- Commercial

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

How many persons are employed in it?
Ans-100 People ( Branches in Mumbai, Delhi, kolkatta, bangalore)

 What is your designation and nature of duties?
Ans- Sr. Manager, Handling and sourcing business through channel Partners ( Personal loan/Business loan).

How many persons report to you?
Ans-5 Person

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc?
Ans- Yes for my Reportees


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- New Delhi, 15 months, Service confirmed, Got a Promotion as well with increment in Salary, Promotion letter received.

 

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted from employee by employer and is not payable by employer to employee?
 

Ans-Probation & Employment Termination: as per the Appointment letter.

“The Directors of the company or his/her deputy nominated by him/her shall in his/her sole discretion be entitled to forthwith terminate the employment of the employee without any notice or payment of any kind whatsoever in Lieu of notice or otherwise in the case of any act of dishonesty, disodedience, insubordination, intemperance, or any other mis conduct or neglect of duty or incompetence in the discharge of duty on the part of Employee or the breach by the Employee of any of the terms, conditions or stipulations contained in this letter.”

 

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped/

Ans- Salary day is between 5th to 8th every month. No salary was not even paid for 40 days I have worked for.  There was no written communication regarding salary is stopped.

 

Has salary slip been issued and supplied?
Ans- Yes, transferred in HDFC salary account every month.

 

What is monthly salary?
Ans- 95000/-(Ninty five thousand)

 

Do standing orders (model/certified) apply to establishment and your designation?
Ans- No idea


 

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non-performance/under performance issued to you?
Ans- No

 

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

And- There is no formal appraisal system, but I got a promotion and salary increment in May-17. No I have not signed anything. My performance was good that why I got promotion as well within 6 months after joining the company.

 

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, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

Ans-Yes, 

 

Notice pay; Apparently you have not posted all/full etxract from appointment letter pertaining to Notice pay..........The Extract posted by you does not refer to reason posted by you in your query...

Non performance/under performance is not misconduct ro any reason declared by employer (as per extract posted by you) for termination without notice and/or notice pay .

Termination: You have posted that you have been performing. The employer has terminated due to Non performance and declared you incompetent  If you have record of performance/competence then you may point the variance and contest..

 

Standing Orders; It is in your interest to find out, inquire and confirm.

Power to sanction  etc ; Do you recommend or do you sanction? Can anyone amend/change/cancel your recommendations/sanction?

CHeck if the office of establishment at your location is registered by State Shops & Estbs Act and you are covered as per  def. of 'Employee' in the Act.

 

If the FnF statement is supplied to you and IT does not have computation of notice pay, leave encashment you may write under proper acknowedgment mentioning IT as incorrect and raise you demand to supply you the correct one showing dues payable to you.

 

  

Kumar Doab (FIN)     07 February 2018

Originally posted by : Sandy12345
Dear Members,

I worked for a company from last 18 months. In Jan-18 on salary day (7th jan) my employer hold my Dec-17 month salary.
On enquiring they said this will be done on 9th. To a surprise I got a terminatation mail on 9th Jan-18 stating non performance.
Now they have refused to pay salary of 40 working days (1st Dec 17 to 9th Jan-18)and 15 days leave encashment.
I have sent a mail for clearing my dues upon terminatation but they are simply refusing and replied on mail that, ........" As per terms of employment, the company holds the right to terminate the employment without any notice on account of non-performance or incompetence in discharge of duty"
Please note my salary was 95000/month.
Kindly guide me what are the option available to recover atleast my working days salary if not for notice days pay.

Regards

 

As per your posts you may ask for wages till LWD, notic epay, leave encashment, etc etc ...

and ask to call back the termination order.....


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