Ayush Joshi 28 August 2015

Salary issues

Hi,

Greetings!!

I am Ayush Joshi a Btech person currently working as a Business development Manager with an LCM partner of Tata Telesrvices Limited,

My query is , I was perviously working with an Organisation Named Miracle corporate solutions Pvt. Ltd. (www.miracleindia.com) As an Hr executive, after working there for 4 months I had to quit the organisation in middle due to medical issues but when I called the director of my company on reply me on the mail that I dropped as a resignation mail he refused to it saying he was not happy with my performance and um unable to justify my salary btw he never spoke to me in the begenning about provding the salary IFF ill justify it he started saying this after second month , I know this is his stretegy for not paying my salary,

Actually he always use to do the same he never payed my salary on time he always use to pay the salary in two or three halves not only me , he does this with every one in the company ad clients too.

he recently built a flat in noida which cost him in crores so he might be using the generated revenue from the company in paying his personal debts .

I am writing this because I have no knowledge in this matter what to do.

Secondly I am geting this information that most of the companies in delhi/Ncr works on the same principle.and ultimately employees have to quit the organisation,

I always believed that there is atleast some one listning to me and will be there for help.

Below attached is the Snapshot of the mail written to the director of the company,

on 26th of August

I called him today on 28th August.

witing for the reply and help

Best regards

Ayush Joshi

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2 Replies

Kumar Doab (FIN) 28 August 2015

There is no justification for salary.

Employee is at the discretion of employer during fixed work hours, that all.

Be straight, and terse with such unscruplous employers.

Tame and shame them.

It is not clear you are full HR Manager with full power that a HR Manager is assumed to have or HR executive.

Even HR Manager may in some conditions be covered as ‘Workman’.

Your div/dept/office should be covered by State Shops & Commercial Establishments Act.

It shall be certainly appropriate to show all documents and records to an able Labor Law Consultant/Service Matters lawyer/Law Firm, and proceed further after understanding merits and options.

Your counsels may opine that you can approach:

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, : Such establishments are covered by the Act and you must be covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and the unions may embrace you.

Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition as unpaid wages are debt on employer, civil suit for recovery etc.

Ayush Joshi 31 August 2015

yeah thats what my point is ,

no I am not a manager i was working there as an Executive but i had to take care of almost all the things that this company deals into i.e. Training , development and outsourcing.