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Bhupendra Singh (Professional )     06 October 2015

Urgent help and suggestion regarding salary hold

Dear Experts,

                                I had joined a pharmaceutical Company in Sep 2013 as Area Business Manager. I was reporting to Regional Business Manager. One year back I came to know that my regional business manager is not doing his share of work and was not contributing to achieve Company business objective. Rather he is always involved in submitting false reports, I and my colleagues informed to senior manager about the same but nothing has gone in our favors. My CEO joined me for working in Aug 15, and I informed him about these false happenings in the organization with Proper Documentation through mails. And CEO had called a enquiry meeting in sep 15 where it was Proved that Regional Business Manager was Involved in False Submission of Reports. And he was terminated from Company or asked to resign. Now he is no more working with Company. After enquiry I was told by HR Head (Verbally and not in written), Senior Manager and VP that I need to improve my performance in next three Months. And I was asked to continue my services. HR Head asked me to report to Senior Manager after enquiry was concluded. I follow the instructions of HR Head, but my senior manager always tried to make a issue of even minor things, so I started sending my all communication to HR Head and VP Also. On 14 Sep 15, I lost my Grand Mother and left my Head Quarter after informing to senior manager through SMS. I was not in touch with company in those circumstances. When I returned back He asked for explanation before resuming duties. In MY SMS to Senior Manager, I had clearly written my “lost my grandmother” and he asked me for explanation stating that ‘Lost my relatives”. Senior Manager behavior in those circumstances hurt me lot and I submit my Notice Period for three Months (As written on appointment letter) on 19 Sep.  After that I had started my Work and Close the sales for Sep 15. Its 5th Oct Today, I am yet to get my salary for Sep 15.

I seek your inputs on Below Points.

  1. I had settled dealers Outstanding of around Rs 41000, As Sales executives left the company without getting NOC from Dealers, In order to carry hassle free distribution; I settled all dues of Business Executives.  Same Amount I claimed in Company and able to extract mail from senior manager where he assured me about reimbursement of Amount but it will take Time. It’s almost more than a year now. Still the Amount is not reimbursed. Please provide your Inputs on the same and Guide me to get this Amount.
  2. I also submit my non regular expenses and also Provides POD Details through Mail to My Regional Business Manager. That is pending either with Company or Regional Business Manager (Now he resigned).

         How can I get this Amount?

    C)      In August 2015, Company  Transfers a certain Amount to me, Which I was supposed to Give to Customers, I have Given entire Amount for one Business deal  as allocated by Company, While Amount for Second Business deal is Partially Given on 14th Sep and Partial Amount is with me, As I left that Place because I lost my Grandmother. I am yet to go there again because of family reasons.

My Question is Since My Salary is on Hold, Should I give that Partial Amount  which is with me as of now  for that Business deal or Should I Keep it with me?

Note- There is no documentation from Company side mentioning reason for transfer of fund in my unofficial Bank Account. No mails and No hard copies of Commuication.

       D)        Wordings of My Appointment Letter are- 

Notice period applicable to you in case of separation from the company will be of three calendar months or payment of basic salary in lieu thereof by either side, however roles and responsibility must be handed over properly and as required to run the business without interruption.

You will abide by the models standing orders in force, rules and regulation and service condition that   may be in force or applicable to the organization or are framed from time to time by the company

Please help me understand about Models Understanding Order.

 Also Since I had already served my Notice Period for three calendar Months and now if they are not paying monthly wages, how can I continue here, Should I resign by my own?. Kindly help me Understand if Still Notice Period Clause is applicable to me?

 Or Company will pay me three month Salary?  Because I think Company has not behaved according to Appointment Letter by holding my salary. I can’t trust upon them and can’t be able to complete notice period for three month without salary.

 

    E) Also Guide me what should be my next Step, so that I can recover my dues from Company. I had sent mail to HR Head for Salary and Salary Slip for Sep15. Should I go on leave till they disburse my salary or should I Continue to work?

 

                   



Learning

 2 Replies

Mrs.Radhika   07 February 2016

Try to add value to the discussion, with your each post.


Attached File : 322535 20160207220857 891219510 full final statement radhika.xlsx downloaded: 60 times

Kumar Doab (FIN)     11 February 2016

The company for obvious reasons may not send you anmy written approval for making payments to customers or written confirmation that amount transferred to your bank a/c is for making payment o customers.

 

It is also not advisable that you start writing anything and everything on your own.

It is a lengthy query and you may preferably discuss the matter with an able counsel specializing in service matters.

 

You may also carry a FnF statement shwoing all payables by you and by company and net amount payable by anyone to other.

 

Let your counsel advise you after examining everything.

 

 


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