Saswatabanerjee
Partner - Risk Management
Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

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Hi,
I worked with 1 small proprietor since past 7 month. Within two months of joining, he started to trouble me, so I searched for another job. Once I found it, I gave him 8 days notice and resign from the job.
My last date of working was in feb 2013, where I served 20 days as a notice period. Now my boss is saying that he will not pay me salary for 15 days and is ready to pay me for 5 days only. I want my full salary i.e. Rs.10714/-
Please help me if there is any way to get my salary.
Please note - I did\'t get any offer letter or appointment letter or any salary slip. I just have reliving letter & experience letter.
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Good morning,
You have a valid document for clearance in place. Please write to him about the remaining amount. This letter should be sent to him through the registered post. Acknowledge your date of joining , designation , date of leaving and the clearance documents issued to you, in this letter. Mention the duration within which he must respond with the amount and its calculation.
He might, at the most, calculate that amount as a part of your Full and Final settlement. Once, you hear from him, let us know about it.
Approaching the Labour Commissioner's office is your last resort. Lets see how far can this be settled, amicably .
Wish you all the best !
Did you give 8 days notice or 20 days notice ? It is not clear. What date did you give notice and what date did you leave ?
Hello Balkrishnakusale,
Further to what Saswatabanerjee mentioned, do you have any idea on WHAT BASIS your boss wants to pay salary of 5 days? What's the calculation?
While what (Cite Contribution) mentioned would definitely work, many times [especially with small companies like the one you refer to] just the mention of 'going/complaining to the Labour Commissioner' would work--since such outfits usually tend to avoid the Labour Commissioner, IF they have a choice. If still this doesn't work, then you can go the whole hog. But, First Preference, is to sort it out amicably, like she mentioned.
Rgds,
TS
I worked with a it company as a sap consultanat ,"cogniscient business soltuion " and i have been not payed from the last 5 month (from the date of my joining) i have ample of documents that can proove me as his employee,and i also paid him as "50,000" rs as a bond money,so pls anyone can tell me how can i file a case against him and get my dues cleared..
He is now harrassing me mentaly.....
Pls help me out as earliest...
Hello Saswata banerjee,
i gave 8 days notice to him i.e. on 12.02.2013 and mention him that my 20.02.2013 is my last day, but as they have some work so they told me to come on 21.02.2013 so i had worked on 21.02.2013 and joined new co. from 22.02.2013
Hello Tajsateesh
there is not any type of calculation he just told me that he will only pay me 6 days salary and balance he'll not going to pay, in his organisation whenever new employee join he treet him very well just for 2 month after that he start to trouble him. and in that co. they are not paying any facilities whether employee is working from last 2 years or many more, employee have to purchase there 2 times tea from own basis, that is why i leave that co. and every time whenever his employee leave co. he is not paying him salary.
after many request he is not agree and paid me Rs.3214/- for 6 days and He is not ready to pay me my balance salary Rs.7500/- (salary for 14 days)
Hello Balkrishnakusale,

Let me be frank/blunt.

When you already know the mentality of the boss--treating well in the beginning & later cooling off as well as not paying salaries when an employee wants to leave--you SHOULD HAVE PLANNED YOUR EXIT MORE CAREFULLY. You should have resigned AFTER TAKING the salary in the beginning of the month.

In some situations [I think your's falls in this category], it becomes a case of 'minimizing the loss' rather than 'maximizing the profit' scenario.

Suggest you tell him that you would be approaching the Labour Commissioner & see if it works. If it doesn't, lodge a formal complaint......BUT at the same time pl be prepared mentally that you MAY NOT get anything out of this effort. For all you know, the amount of 7,500/- may be too small [from HIS view-point] for the Labour Office guy to follow-up OR your boss may buy-over the guy when he lands-up @ his office. The possibilities can be many.

The lessons for you would be:

1] Choose a company more carefully, by doing some Background checks yourself BEFORE joining [sort of 'preempt' any such situation, rather than inviting the situation & then go about resolving it].

2] Even if you, unknowingly, land-up in such a situation again, plan your exit better--ensuring any dues from the company would be @ the MINIMUM extent possible [it can't surely be Zero] when you resign.

All the Best.

Rgds,

TS
Hello Tajsateesh,
Can you please tell me the procedure how to make complaint to Labour Commissioner because Rs.7500/- is small amount for them but it is big amount for me because there are 4 people depend on my salary in my home.
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Hi,
can you please give me a draft of letter so that i can write him properly manner.
he was paid me 6 days salary (Rs.3214) and not ready to pay 14 days salary (Rs.7500)
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