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Community Manager
Ankita1001
Sr. Hr Executive @ Polymerupdate
Rajeevdixit
Hr , Personnel & Admin
Hr@bmcgroup.in
Hr Executive
+2 Others

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Hi,
One of my marketing - manager friend was working in a small IT company. That company didnt gave his two months salary. Owner of that company says that their business is not growing and as he was a marketing manager so he is responsible for loss of the company.
But that company has the money to pay Office rent etc.
Please guide what he can do for his salary.
Thanks
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Hi,
No employer has right to hold the salary of any employee.
The concerned employee can complain this to the labour department
of that area. Before that ask him to put written reminders to the owner
asking for disposal of salary .
Regards
Rajeev Dixit
Hii, If company is paying other Exp and not salary than employee can take action against that company and the decision will in employee’s hand only.
Please note that even in times of financial crunching, an employer is liable to pay the salary which was negotiated.
Secondly about he being liable to bring the business -
I always have said that there are two aspects of salary - fixed and incentives (especially for jobs that involves sales etc.)
If the person is a non-performer, he would not get his incentives, but the basic or the fixed monthly salary is to be paid irrespective of the fiancial loss...
Thanks for your comments... But do you think that labour court will help in this ? They have many cases pending with them...no solution yet they have answered for those cases.
Dont you think it is time consuming process for labour court.
Can u please guide me any other solution
Thanks
Dear Monica,
Irrespective of how the cases have been dealt with, your friend needs a way out. Reporting to the labour commissioner's office would be last resort. The salary is due for how many months? When the end-line is in sight, what is he planning ? Has he started looking for a job? He will need the employment. The salary will come to him, but with a struggle.
I suggest him to focus on a job search more than fighting his way through is pending salaries. He needs to report the issue, but thats entirely his prerogative. Trust he might want to do it, once he is certain of his next assignment.
We wish him all the best !
Hi ,
Its required that he should concentrate on job search .But at the same
time informing this to the DLC (Labour commissioners office) is a good
move .This will have good impact on the other employees too.Employers
tend to take the employees for granted . Its a time when employees
should stand for their rights .
Regards
Rajeev

Hi Monica,
If not yet resigned, then kindly ask your friend to go through the terms and conditions of his appointment/ offer letter of the current company as well as any handbook if they have (mentioning details about disbursement of salary), which will help him find a way out while discussing matters with the labour commissioner. Besides also while on a Job hunt, ask him to do a little R&D on the next company that he is going to join, and also go through the appointment letter of the new company. So that he does not have to go through any of this again.
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