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ramkrish (senior accounts executive)     26 November 2014

Salary withheld & compel to serve notice period

I am working in a MNC for the past 6 months under probation (since 5th May 2014) FACTORY.  

Due to some internal politics, my team head wants to bring his friend to my position and started giving mental pressure to me and not confirmed my position.  I got upset and he forced me to resign on 11th Nov.2014 after completion of my probationary period 05th Nov.2014.  I have sent e-mail resignation and he has accepted it immediately with a reply mail. 

I started searching new job and god blesses me with immediate job offer with Managerial position. Have to join in new company before 01 Dec.2014.  But he is delaying my releaving and has compelled me to serve notice period up to 15th Dec.2014.  Because his friend attended interview here and need time to handover up to 15 Dec.2014.

He threatening me that he will withheld my salary till  final settlement if I releave immediately.  I read in google search that as per Supreme Court Case law " continuation of service after probation is doesn't mean confirmation. It is deemed on Probation only".  As per my appointment letter, written letter will be issued in writing for confirmation after probation, if satisfied. But, I have not received any confirmation letter till date. 

 

My query is:

1.) If my salary for the current month is withheld, then what is the immediate legal remedy for me?

2.) If I am not willing to serve notice period, then what is the rights for me?

3.) If he gives any bad reference on background verification, then what to do?

4.) How to approach Labour Inspector / Commissioner?

5.) Is there any resignation letter/ notice to be issued during probation period?

 

Please help me....Its most urgent

 

-RAM



Learning

 4 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     26 November 2014

Kindly read your appointment letter before raising the issue in this forum. What the clauses says related to resignation point ?

Kumar Doab (FIN)     30 November 2014

what is the notice period/last date in office tendered by you in notice?

Since you have chosen to separate by resignation you shall chose the last date in office and it can not be preponed and postponed by even employer personaly leave apart the manager.

 

Standing Orders (certified/model) should be applicable and if not certified Model Standing Orders should apply..........................and per Sec13::::notice period during probation is NIL.

 

if notice pay in lieu of notice period is inserted in appointment letter then you may affirm to tender notice pay as per correct notice period/pay applicable to you and to adjust in FnF statement that you should be supplied to you in original for verification and acceptance...........and request to supply by redg. post the ,service certificate,relieving letter,FnF statement correct and original,Form16 as per correct FnF statement,Payment of FnF dues by bank DD only,PF number and a/c slips,salary slips of all months,ESIC card,NOC/NDC, within and upto last date in office...........

 

The manager and HR is not your employer and they are just another employee in the company.

You may represent to good offices of appointing authority,MD............and approach employee's unions/trade unions, Lawyer if required and proceed further under expert advise of your counsel.

hari om (prop)     05 January 2015

Similar situation , i was sr manager in the company a small pvt ltd firm am not been paid salary for 3mth i inquired for salary was been abused mis treated by management  started finding fault in my work once i followed my salary, stopped going to work ask to pay me first director said sit home do not come to work your service not required,i have withheald company laptop asked them to pay me first 

was abused by director,

 

Approached the labour office said manager with this salary bracket of 40k & above is not labour hence cant help,to recover my salary

whom should i approach

 

Kindly advice 

Kumar Doab (FIN)     05 January 2015

@ Hari Om

 

You may represent in writing under proper acknowledgment to good offices of appointing authority,MD............narrate all points that you have posted in query and raise your demands..........................if good offices do not provide relief...........................approach employee's unions/trade unions, Lawyer if required and proceed further under expert advise of your counsel.

 

Looking into draft of your query it is suggested that let your lawyer draft your representations...........................

 

YOur lawyer may ask you a set of structured questions and may opine that you shall be covered by def. of 'Employee' as in  ( Name of the state) Shops and Commercial Establishments Act,'Workman' as in ID Act............................and can approach the Inspector appointed under these Acts....................file complaint u/s 406,420....................winding up petition.....................approach court for recovery of unpaid wages......

 

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