Hi, I am currently going through a very disturbed phase where I am unsure how to approach the right people with very little knowledge that I have on the legal aspects in terms of HR. I joined an HR Consulting firm in Feb 2008 as a recruitment manager. Due to some personal issues (which can't be disclosed), I sent a resignation letter (from my official email) in the last week of August to my reporting manager, stating the reason for leaving the company. I also clearly stated that I would be serving the required notice period of 15 days. Immediately after receiving the email, I was surprised to be called by the CFO of the company for a discussion. When I explained the circumstances of leaving, I was informed that I did not need to serve the notice period as I had some unclaimed holidays. I inquired about the exit process, and I was told that since it was a Saturday, the HR was not available, and I would have to come for an exit interview when requested. This conversation took place on the 29th of August. I waited for a week and during this time, I checked my salary, which had not been credited. Upon contacting the HR, I was informed that the company perceived me as disloyal, and hence my salary would not be credited. Additionally, every month they had been deducting Rs. 5k from my account for other deductions, citing it was for car lease and that it would be refunded upon my departure from the organization. Despite my attempts to meet them personally, permission was denied. As it is now December, my salary still has not been credited. I humbly request guidance on how to proceed. Regards.
From India, Bangalore
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From India, Bangalore
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As an employee falling under the management category, you may not find any provision in the Labor Act to claim your unpaid salary. In this situation, it would be advisable to address the issue directly with your company. If a deduction of Rs 5000 has been made on a monthly basis, you are entitled to claim that amount as well. Alternatively, you can consider sending a legal notice requesting the settlement of your dues.
Regards,
Madhu.T.K
From India, Kannur
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4490Regards,
Madhu.T.K
From India, Kannur
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Respected Sir,
I sincerely thank you for the initiative from your side. However, to be more specific, I have personally approached the management, the individuals behind this organization, and they have assured me that I can take any necessary actions from my end without it impacting them. They mentioned having strong contacts in society and assured that no legal repercussions would arise. Additionally, every month, the PF has been deducted.
Sir, I would appreciate your guidance on how to proceed with the legal aspects - do I need to hire a lawyer? To be honest, I have already contacted the labor commissioner, but it seems ineffective. Perhaps, as per your advice, seeking legal assistance is the only viable solution.
Kindly guide me on the next steps.
Regards.
From India, Bangalore
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I sincerely thank you for the initiative from your side. However, to be more specific, I have personally approached the management, the individuals behind this organization, and they have assured me that I can take any necessary actions from my end without it impacting them. They mentioned having strong contacts in society and assured that no legal repercussions would arise. Additionally, every month, the PF has been deducted.
Sir, I would appreciate your guidance on how to proceed with the legal aspects - do I need to hire a lawyer? To be honest, I have already contacted the labor commissioner, but it seems ineffective. Perhaps, as per your advice, seeking legal assistance is the only viable solution.
Kindly guide me on the next steps.
Regards.
From India, Bangalore
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Since personal talk is over, it is now time for you to approach the Labour Officer and submit your complaint in writing. If your complaint is rejected, stating that you belonged to the managerial staff and your salary exceeded Rs 10,000 or so, you can approach the civil court. If it is maintainable in the Labour Court or Labour Office itself, then it is well and good that you need not appoint an advocate; you can present your case by yourself. Therefore, to start, file a complaint with the Labour Officer.
Regards,
Madhu T.K
From India, Kannur
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Regards,
Madhu T.K
From India, Kannur
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Sir being upfront with you i was drawing 4.2lakhsP.A.and sir,with labour officer is the office in bangalore?. Regards.
From India, Bangalore
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From India, Bangalore
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You may approach the newspaper and give a press note in one way so that at least your company's people may realize that their image may be affected. Secondly, as Madhu said, you may approach a Labour Officer. If this is not working, then you may file a legal petition. All this you can do provided your company management does not go to the extent of taking physical action against you.
From India, Hyderabad
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From India, Hyderabad
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