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rohit   21 April 2015

Salary is on hold for about 4 months

Hi, I am working in Pvt. Ltd. Company. I have resigned on 24th March 2015 and have notice period of 90 days. Company has accepted the resignation and I needed to serve notice period till 22nd June 2015. Salary is supposed to be done till 10th of the month but till 10th of April 2015 I was not able to receive salary so I checked the portal where I came to know that may salary is deducted under advance. When I asked HR regarding the Issue they said that my salary is on hold and I will get all may salary with full and final settlement. So basically my salary from 1st March 2015 to 22nd June 2015 will on hold. When I checked my appointment letter/confirmation letter no such condition is written. When I asked (on 13th April 2015) for the company policy document under which my salary is on hold they have not replied my mail till now. Is there any provision to hold salary that long? Or is there any Legal way? Please help ASAP.



Learning

 5 Replies

Kumar Doab (FIN)     21 April 2015

 

1.      Download and print the message that shows salary is deducted due to advance.

2.      Demand or generate salary slip printout showing payment to be made as NIL due to advance.

3.      Once you have done these, write by letter thru Redg. Post/personal email id (such matters are personnel and can be written from personal email id) to payroll/designated HR personnel that has to process the salary to explain to you in writing ‘why your salary has not been paid and who has passed the order to not to pay the salary……………….and to supply you the copy of such order……………………and in fewest possible  words mention that you have not taken any advance against’?  

4.      If NO REPLY is supplied escalate to good offices of appointing authority,MD,Chairman with a copy to you and mention that your earned wages are not paid to you on false pretexts and attach copy of page showing advance payment, and demand to supply the salary slip and salary within close of the office hours of that day and to reply in writing ONLY and advice all concerned to reply in writing only preferably thru Redg. Post.

5.      Download HR policy/Service Rules and regulations/Employee handbook/ Exit policy/FnF policy/any other policy or rule that is mentioned in appointment letter or any other communication before the access is blocked and also all KRA’s/Performance data, appreciations,rewards,awards,stinkers,appraisals, copy of resignation,acceptance,resignation tool etc…..

6.      The salary has to be paid on fixed/usual pay day.Even if employer has drafted some internbal rule and policy and signed with employee it can not override/overrule the Acts/Stataues/law of the land, and law of the land shall prevail.

7.      The employee  can lodge the complaint the moment the payment of earned wages is delayed even by a  day and employer can be penalized say by Rs.7500/instance……………

8.      If salary is not processed then PF,ESIC,TDS might have also not been processed and this would be inviting penalty from RPFC-EPFO/ESIC/ITO etc…..

9.      What is this establishment; Commercial/Industrial?

You/your reporting office/Redg. Office of the company are located in which state?

You are working since which date?

How many persons are employed in company?

What is your designation and nature of duties and how many persons are reporting to you? Can you sanction (not just recommend) leave/increment/appointment/termination from employment?

What is your monthly salary?

 

10 Don’t remain entangled with HR and that to in verbal discussions!

Escalate and transact in writing under proper acknowledgment.

 

10.  Reply to all points …pointwise.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 April 2015

Even a single cannot stop salaries to the employees. Submit your grievance to the labour commissioner with details. He will penalise on your company management

rohit   21 April 2015

Hi Kumar Doab,

Thanks for quick reply.

1. I came know only when I have generated salary slip.

2. I have printed / PDF copy of the  salary slip of the relevant month.

3. As told I have already sent mail to Manager HR when I didn't received salary and not satisfied with oral conversation with Executive HR. But still awaiting for reply.

4. I guess today I will need to escalate to regional MD. Should I keep HR in CC?

5.  I don't have access to any of "HR policy/Service Rules and regulations/Employee handbook/ Exit policy/FnF policy/any other policy". Just have hard copy of appointment letter and confirmation letter.

6. Usually salary is paid till 10 but this time I haven't received it.

7. What is the procedure to lodge the complaint?

8. I think salary is processed as salary slip shows deductions of PF and Professional Tax.

9. I am working with service oriented company which provides networking and software services.
    My reporting office is at Goregaon (E), Mumbai, Headquarter at Noida.
   
(As on conformation letter, subject to jurisdiction of New Delhi)

    I am working here from 1st April 2014.
    Company has 100+ employees, don't know exact figure.
    Designation is Developer, I'm working full-time client side as Support Analyst in Andheri (W), Mumbai.
    I only report to client side personal, and HR of my company in case I needed leave. No one reports me.
    "
Can you sanction (not just recommend) leave/increment/appointment/termination from employment?" >> I didn't get your question
   Monthly Salary, prefer privacy.

10. All points replied, Anything else?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 April 2015

Mr. Rohit,

Submit your all greivances to the labour commissioner office at your work place. Labour department looks after employees and labour grievances. Its commissioner will settle the disputes. Apply there.

Kumar Doab (FIN)     21 April 2015

 

 

You may escalate to good offices of appointing authority (that has signed the appointment letter) ,MD,Chairman.

Based on the salary slip you can demand to supply the certified copies of the vouchers vide which company will substantiate that you have been paid advance………………….and mention that you have never applied for any advance and no advance was ever paid to you…………………hence your salary be paid to you at once within the close of office hours of that day itself…………….and reply be supplied in writing only and not verbally.

Go thru your appointment and confirmation letter carefully and it might have been mentioned that service conditions/employment rules shall be governed by ………………"HR policy/Service Rules and regulations/Employee handbook/ Exit policy/FnF policy/any other policy"……………………and you may mention that NO such rule/policy was ever shown/supplied to you and accepted/acknowledged/receipted by you ……………………….and/or it is neither available at HR/employee portal (download evidence).

 

If salary is nullified due to advance then how the PF is processed. You may show your salary slip to your Labor Law Consultant/Service matters lawyer/Law firm………………………………Employee’s/Trade Unions leaders.    

 

You can approach: Inspector appointed under Bombay Shops and Commercial Establishments Act………………….one of the duties of Inspector is to ensure that all wages/even FnF wages, employment documents  are paid/supplied on time.

You may also go thru Bombay Shops and Commercial Establishments Act and  Bombay Shops and Commercial Establishments Rules…………………….and obtain certified copies forms/registers pertaining to attendance/wages/advance etc as prescribed in Bombay Shops and Commercial Establishments Rules thru Inspector or pursue RTI route…………………..thru o/o Inspector/Chief Inspector……

You may refer to Bombay Shops and Commercial Establishments Act;Sec38-B,66………

The notice period is max.30 days as per length of service

Standing Orders shall be applicable if no. of employees is 50 or above and if standing orders are not certified then Model standing Orders shall apply and as per Sec;13 the notice period after confirmation is 30 days…..

These enactments shall prevail upon any private agreement drafted by employer and signed with employee.  

As per Delhi Shops and Commercial Establishments Act, too; Sec30 the max. notice period is 30 days……………..and this Act does not discriminate between ‘Workman’ and ‘Non Workman’……….

 

 

Your counsel may also advise that jurisdiction can be at your last location…………

 

You can also approach  Employee's/Trade Unions that have traditionally been strong in Maharashtra....

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