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jejina   14 December 2016

Salary issue during notice period

Hi all,

I am working in a pvt IT company as a SEO Analyst, which is a start up company (commenced on January 2015)  and as per the company policy they have 2 months of notice period and for me they shorten it to 1 month (since I am shifting my home). I put paper in 30-11-2016 and I will be leaving by 30-12-2016. Normally every one’s salary will get credited by 10th of the month. But  they didn’t credited my salary for the month of November (normally it should credited by this December 10). When I asked about it they are telling their rules is like that!!!!. One won’t get salary during notice period.

Can anyone advice me about this matter. What action I can take against it.



Learning

 11 Replies

Kumar Doab (FIN)     14 December 2016

The employee can lodge a complaint the moment salary is delayed even if by a day.

Atleast I am not aware of any such rule.

Has the employer provided you with printed version of such rule?

 

 

1 Like

Kumar Doab (FIN)     14 December 2016

You can approach:

Many IT/ITeS employee's/Female IT employee's unions and Trade Unions that have embraced IT employee's

A very able counsel specializing in Labor/Service matters

Inspector appointed under ( name of the state) Shops & Estbs Act

Senior officials in Dept. of Labor  (state/central)

Civil Court

1 Like

Kumar Doab (FIN)     14 December 2016

You are in which state?

What is your  nature of duties?  

Kumar Doab (FIN)     14 December 2016

How the salary was paid e.g; in salary a/c, by cheque,cash, and whether salalry slip was supplied?

What was monthly salary; with break up?  

DId you write that your salary was not paid on due date and salary slip was not supplied?

Do you have copy of notice of resignation and acknowledgment and POD, its acceptance.........................attendace record?

 

 

Ritesh Maity (Labour Law Advocate)     15 December 2016

Since you are a SEO analyst, you are under IT companies which comes under the Shops & establishment Act. You are supposed to get salary by 7th to 10th of the month. Since you have not received your salary of Nov till 10th Dec, you are entitled to claim such salary with compensation. For any outstanding wages, you have to claim in Form N before the Referee appointed under the Act. 

Since you are serving your notice period, wait till the tenure is over and see if it is paid with full and final settlement. 

However, there is NO RULE of withholding salary of an employee even if he is serving notice period.

1 Like

jejina   15 December 2016

Hi Sir ,

I am from kerla and i am working in Mumbai, Exatly at Goregaon.

SEO comes under digital marketting, Optimise a website to list in google (Both on-page and Off-page i used to handle)

 

thank you

jejina   15 December 2016

Hi Ritesh,

Thank you for your valuable information.

 

 

Kumar Doab (FIN)     15 December 2016

You have not replied to all points, pontwise.

 

You might be covered by the def. of 'Employee' as in Bombay Shops & Estbs Act, 'Workman' as in ID Act

As already posted in my second post; Inspector appointed under Bombay Shops & Estbs Act

 

Further response can be made in better details once you reply to all points, pointwise.

 

1 Like

jejina   15 December 2016

Normally they pay salary in respective employees salary account. Since they are start up they dont give us salary slip and all until & unless we asked for it. So what should i do whether i have to ask them any written doc which showing salary is not paid for the month of nov?

yup i have copy of my resignation but they didn’t sent me any kind of acknowledgements, attendance is recorded in a software and I am very much punctual in office times.

Ritesh Maity (Labour Law Advocate)     15 December 2016

Send an email to the official id claiming the outstanding salary (keep screenshots as a proof) for the time being. Also keep a proof of submission of your resignation for future reference.

Kumar Doab (FIN)     15 December 2016

You have still not replied to all points, pointwise.

If you wish to transact by email, transact from personal email and attach copy of resignation and its POD.

 


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