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Ankur Bhatia (NIL)     08 January 2013

Salary non payment during notice period

I was working with a private bank. I resigned in July 2012 but there was some mis-communication due to which there was a shortfall of notice period and the organisation recovered my 24 days salary in lieu of shortfall of notice period. Then I asked for some alternative so that i can get my salary back. The HR suggested me to mail him requesting extension of relieving date. I did that and he extended my relieving date but then they didn't communicate it to the payroll dept which is responsible for salary disbursement.  So again i didnt recieve my salary for that extended period.
Initially the person concerned with payroll understood this matter and agreed to pay me the pending salary for approx 60 days (which includes the salary recovered + salary not paid for extended period) but now he is telling me that salary which was recovered will not be paid.
Please help me. Its been more than 3 months since i have left the job. What can i do now?



Learning

 4 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     08 January 2013

send the mail to top management & if they didn't reply then issue a legal notice to the company.

Kumar Doab (FIN)     08 January 2013

Mr. Joshi has given valuable advice.Kindly follow it.

Service conditions are expressed in appointment letter, standing orders. You may also obtain HR policy, service rule book, severance policy ec….

What was the mis communication resulting in shortfall in notice period and recovery of notice pay?

You are entitled to get the salary for all days you have worked for the bank. You need to have the evidence of attendance marked and period worked. Company needs to record correct period of service and relieve you as per correct period and dates of service.

The onus of error is being transferred on you citing confusion etc…

You may submit a gentle representation to HR person who asked to extend you the relieving date, and request him to coordinate with pay roll dept executive and clear the confusion and narrate the period you have been made to work in the company, and pending wages still to be paid to you.

Do not sign the acceptance of the FNF statement and rather decline to accept it citing the errors.

If the HR executive does not remove the confusion you may submit a representation addressed to good offices of appointing authority, MD, Chairman, Company secretary narrating the lapse at the end of HR and highlight the period and dates you have made to work and balance wages still to be paid to you by the bank, and demand payment, revised and correct FNF statement, correct last salary slip, form 16 as per correct FNF statement, work experience/service certificate, relieving letter as per correct period of service, PF a/c slips as per correct period of service, by redg. post so as to reach you in say……7days.

Banks are covered under SE Act. may look into SE Act applicable to your state.

e.g. SE Act Delhi:

21. CLAIMS RELATING TO WAGES

33. RECORDS.

.41. WILFULLY MAKING FALSE ENTRIES.

 

THE PAYMENT OF WAGES ACT, 1936

3. Responsibility for payment of wages.

5.

Time of payment of wages.

 

7.Deductions which may be made from wages.

 

SCHEDULE I

[1][MODEL STANDING ORDERS

11.                Payment of wages

13.          Termination of employment

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

17.  Liability of 17[employer].--The [2][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

 

 

Notice period in standing orders shall and supersede notice period in appointment letter.

 

 

 

Your bank may have its certified standing orders or model standing orders shall apply. If bank has made you work up to a date it has to update correct dates in its records and forms. It can not update wrong or false dates.

If the good offices also do not provide any relief you may approach a competent and experienced labor consultant/service lawyer with copies of all documents and record and you lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Designation alone does not decide employee is a workman or not.

In a given situation employee can invoke the provisions of SE Act, IESO Act, ID Act, Payment of wages Act… etc as per explanation of employee under these enactments.

The company may yield to legal notice of your lawyer or demand notice thru conciliation officer, Inspector under SE Act, Wages Inspector or  you may have to approach civil court.

You may proceed under expert advice of your lawyer and as deemed fit at your end.

Valuable advice of learned experts/members is sought.



1 Like

Ankur Bhatia (NIL)     08 January 2013

it was a automated HR system. when i was about to initiate my resignation , it asked for one month of notice period. but still to be on a safer side i served two months of notice period and it accepted it. 
but when i received my F&F statement and conditional acceptance letter. I realized that there was some recovery for 24 days as i didnt serve 3 months of ntice period.  So then i didnt send any acceptance and asked the HR to provide me with some alternative. So he suggested me to send him a mail requesting him the extension of my relieving date. I did that and he communicated it to the HR dept but not to the payroll dept.

Now the HR has also left the organisation and his senior is not responding at all. Neither he is picking up the phone nor replying to the mail. 
Is there any time period within which i have to take the legal action or there is nothing like that?

Kumar Doab (FIN)     08 January 2013

You have posted that:

--“when i received my F&F statement and conditional acceptance letter. I realized that there was some recovery for 24 days as i didnt serve 3 months of ntice period.  So then i didnt send any acceptance”

 

The notice period is mentioned in service conditions. Service conditions are mentioned in appointment letter, standing orders. Notice period in standing orders shall supersede notice period in appointment letter.

The terms and conditions of employment in the certified standing orders cannot be negatived to a workman by conditions contained in his letter of appointment.

 

Can an employee withdraw his offer of retirement/resignation ?

It is well-settled that an employee can revoke his resigna¬tion or offer to retire before its acceptance by the appropriate authority.

You may confirm if the bank had framed its certified standing orders or if it was within the purview of IESO Act.

If yes and bank did not frame certified standing orders Model standing orders shall apply.

 

You had approached the HR contact provided to you by the company.

The superior of HR contact is not answering as he has not left the company and his disciple and discipline is at fault.

Your employer could have declined to accept your comments on FNF statement and could have stopped you from working.

Now the damage done by HR is to be undone by Superiors in HR and Good offices.

--“ Is there any time period within which i have to take the legal action or there is nothing like that?”

It is felt that if you have to agitate in civil court you should do so in 3 years.

It is also suggested that you may apply your rapport goodwill, and reasoning, persuasion, persistence, negotiation skills to the exceptional levels and resolve the matter in your favor, by approaching good offices. Thus you shall grant an opportunity to good offices and after you have exhausted this option and if good offices do not grant relief you can approach a lawful authority, court of law without any regrets and heartburn to either party.

However you may approach a competent and experienced labor consultant/service lawyer with copies of all documents, record and give inputs in person. Your lawyer would know the hot buttons that needs to be pressed.

Let your lawyer structure your representations to good offices. If good offices do not provide relief you have the option to agitate in form as deemed fit at your end.

.

 


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