Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
+1 Other

dear friends,

my employer has not paid my salaries for last two months(july and aug 2013)..i was working with this company as work from home.i had to go to my native place for family emergency in sep first week and informed my reporting boss for the same.unfortunately my phn did not work after 5 th sep till 18 sep..i called my reporting boss as soon as my phone got ok..and i got to know that company has terminated me because i was not reachable for quite some time .though i had already shared the emergency with my boss through chat and i have that screen shot which i have shred with the company HR and Director. now when i asked for my long pending salaries they said that..first submit the medical documents of your family member then only we will look in to it..i want to understand how can they ask for my personnel details even when i had conveyed the same before hand and even after that they have terminated me without any notice.

kindly help me know what shall i do to get my salaries,i have been calling them but they do not pick my phone and if they pick they give unnecessary excuses and asking for unwanted documents.

i hope you people will help me know the way forward..though they are doing the same thing with others as well though other people are not in a mood to take nay action.but i want to fight for my rights.

my company is based out of Hyderabad and i was posted in Delhi NCR. i need a solution where in i need to be present personally as i will be travelling out of india very soon.

look forward for you genuine suggestions and guidance.

thanks

rajesh
1st October 2013 From Australia, Brisbane
Things you are posting do not seem to add up in the current environment

You have not stated when you went on leave. I assume it was beginning of September. For 15 days, your phone did not work. This again is unacceptable in the current scenario. Everyone has phones and every part of the country is connected. You just had to borrow a family members phone and get in touch with the office. Don't tell you didn't have the contact number or that it was in your non working phone. You could always google for your office number, in the worst case scenario, sent an email from somewhere. Since you didn't bother, the company is absolutely within its rights to terminate you. Do you think they will be waiting for ever for you and let their work suffer ? Since you left without notice, they are free to deduct 1 months pay for notice period.

I do not understand why your July salary was not paid. It should have been paid before you went on leave. Unless there is some things you are not disclosing.

About medical records, you left on a pretext of a medical emergency in the family and then didn't return to work. Now you are going out of the country. It looks very clearly to be a concocted story. It sounds fake. Like something someone will make up to avoid serving notice pay when he has got a job abroad. On the other hand you want the company to pay you without you serving or paying notice pay. They are very much correct in asking for proof that it was an actual medial emergency. If you had given it immediately, the company would consider the matter genuine and give you your salary. Since you didn't, it's likely to consider your story fake.

I don't think you can do much.

At best you can file a complain with the labour officer of non payment. But then you need to be in delhi or Hyderabad. Again if they don't have a delhi office, nothing much can be done there.
1st October 2013 From India, Mumbai
Dear I had informed them about my absentee and i have the proof of the same,still would providing the documents of medical emergency will help me .my july and aug payments are pending because they have not paid any body in the company...even after conveying that i am moving to my home town and my reporting boss confirmed me for the same that...same has been conveyed to head office.
can i hire a lawyer who can take this case ahead in my absence.
please suggest.
2nd October 2013 From Australia, Brisbane
i went on leave on 5th sep and i informed on the same day...they terminated me on 12 th sep..
2nd October 2013 From Australia, Brisbane
i was on probation for 6 months and its been just 4 months ..
2nd October 2013 From Australia, Brisbane
Why are you going abroad? Forget about fighting for your right; litigation takes a long time to yield any results and you will be spending good money for the lawyers to fight your case.
2nd October 2013 From United Kingdom
its a huge amount 1.5 lacs for 2 months..they are doing this to every employee and not paying them..so all of them are leaving this company,this company has been in market for jut 4 years....will providing medical doucuments of my family member will help..??
2nd October 2013 From Australia, Brisbane
Providing proof will certainly strengthen your case. But litigation will take years to bear fruit.
2nd October 2013 From United Kingdom
If the company is not paying anyone, then anything you do will be a waste of time. Obviously they do not have money. You can always try, you can get a lawyer to fight on your behalf. But is there a realistic chance of getting the money ? Specially when you are at fault for apparently absconding without notice. Your notification that you will be out of town (I don't know what exactly you wrote) will be of little use in view if your subsequent behaviour which seem to be premeditated to leave without notice.
I am surprised they are paying you 75000 per month for work at home and you endangered this by not bothering to contact them when your phone was offline. Or is there more to the story that we do not know.
2nd October 2013 From India, Mumbai
Hello,
Like Saswata Banerjee & Simhan mentioned, you are wasting your time, money & effort by thinking of going legal.
Either you are REALLY naive OR pretending to be one--like Saswata Banerjee mentioned, you gave them a chance to do what they are doing--that too knowing fully well that the Company doesn't seem to be having money to pay salaries.
Sometimes, it pays to CUT-DOWN the loss than to spend more in the eagerness to increase the gain.
WHAT IF the case goes against you--given the details you mentioned in this thread, that's a distinct possibility? You would not only be losing the ~Rs. 1.5 Lakhs but ALSO the legal costs. And it's upto you on how you valuate the time & effort in this process.
Suggest just MOVE ON AFTER learning from this experience.
All the Best.
Rgds,
TS
3rd October 2013 From India, Hyderabad
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