Anil.arora
Administration Head
Kishorkulkarni
Law Practice
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Rajeevdixit
Hr , Personnel & Admin
+1 Other

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Dear Sir, I joined my organization from 17th Dec 2012 but and I got my offer letter on 16.01.13. My boss was very rude and he deducted my 10 days salary telling it was deducted because that was on a trial basis. I argued with him but he clearly refused. He gave me an appointment letter on 16.01.10 as my joining date. I was on probation for 6 months till July starting.

But I was not comfortable continuing my services there and I left on June 15th2013. When I left my boss promised to give my 15 days' salary in next month.

But when I called him he refused to clear my cheque. He is telling me that I need to pay Rs.12000 for my uniform which I never wore when I worked there. He said it was stitched after the next day when u left. Now you have to pay for that uniform.

This clause was nowhere mentioned in my Appointment letter also. And I was on probation so I did not serve notice period also.

Please suggest how will I recur my amount. Being a salaried employee 7500 rs has a great imp on my life.

Request anyone to please advise me.

From India, Mumbai
Dear Dixit,

You are one of the few who had a bad experience of first employment and I wish such an experience should be last of it. From the narration, it appears that you were working in a factory and a certain salary is due to you from the employer. If my reading is correct, then just make a simple application to the Inspector under Payment of Wages Act, 1936 who happens to be Factory Inspector. That office is prompt enough to get your salary paid by the employer. Else, if you were working in a office, you will have to approach the Shop Inspector for your grievance. In Mumbai, I find both these offices helpful and cooperative. So, do not hesitate in contacting any of them. Pl also note that you also can claim the leave-salary proportionate to your service period.

A line in conclusion: I have always seen people saying I am working in a industry/company/organisation/firm etc. That's something confusing as that does not give us any idea whether it an establishment/factory etc. A depends on this information.

From India, Kolhapur
Hi ,
See you have appointment letter with you . if the clause is not
mentioned in the appointment letter and was not intimated to
you the cost of uniform can NOT be deducted from your salary .
its unlawful deduction .
Secondly No employer can deduct salary telling that it was trail period .
With your appointment letter , offer letter and other details you can
contact the labour department and lodge a complaint in writing .
Remaining things will follow on its own . Its for sure that the employer
has to pay the salary for the days you have served .
Regards
Rajeev Dixit

From India, Bangalore
Dear Mr. Kulkarni,
Thank you so much for the prompt reply. But i was not working at factory. I worked at 5 star hotel Carlson Group as an executive assistant to director. The director takes the franchise of this group. Presently i am working at very reputed MNC. So i was thinking whether my step would effect my this job also??
I hired a lawyer also for this. But he said first you send them a very strong,rude mail telling if not action would be taken now.I have to take legal actions against them.
But i am very confused. How to write and what to write politely so that they will understand my problem.
Pls suggest.
Regards,
Dixit.

From India, Mumbai
Dear Mr. Rajeev,
Really thanks for your suggestion. I will take necessary actions soon. My director did not give me relieving letter also neither experience letter. Shall i take action for that also.
Please suggest.
Regards,
Dixit

From India, Mumbai
Reply in rude language is totally incorrect. For anybody's rudeness, why we should leave our politeness?
Because you were working in Hotel, Plan B-that is Sending an Application to the Shops Inspector will help you.

From India, Kolhapur
Dear Mr. Kulkarni,
Thank you so much for the prompt reply. But i was not working at factory. I worked at 5 star hotel Carlson Group as an executive assistant to director. The director takes the franchise of this group. Presently i am working at very reputed MNC. So i was thinking whether my step would effect my this job also??
I hired a lawyer also for this. But he said first you send them a very strong,rude mail telling if not action would be taken now.I have to take legal actions against them.
But i am very confused. How to write and what to write politely so that they will understand my problem.
Pls suggest.
Regards,
Dixit.

From India, Mumbai
Dear Sir,
Thanks a ton. My boss called me yesterday and spoke to me for half n hr and agreed to give my pending salary cheque. I mailed him in a very polite way telling if no further action has been taken within 3 days i may proceed to legal action.
And he is ready now..
Regards,
Disha

From India, Mumbai
Hello All and Ms Dixit,

As you already have left your job by referring the clause under appointment letter which allow you (Trainee) to do so and where resignation formalities are not compulsory (if not required by any clause in appointment letter specially), therefore, there is no need to be worry about any bad impact of your present job.

And Ms Dixit, hope there is nothing wrong at your end and you have handed over the properties were in your possession and work you were assigned by them properly while at the time of leaving and informed them about it by writing a mail, which always helps in these kind of matters a lot.

Now about your salary, you are able to get the salary for every single day you have spent with them, no matter you were on training (trainee)/ probation or permanent employment (if not specified the same specially as terms of employment and salary under any clause in appointment letter by them and agreed by both the parties for the same).

Otherwise they have no right to deduct the salary for this period. Now as they have deducted and denied to give you, you immediately need to write a letter to them by also marking a copy to your Regional Labour Commissioner /Officer and send by Register AD. “You just have to write them for your salary they have deducted or not providing you and for your experience and relieving letter.”

You also need to meet Labour Officer/Commissioner personally (if you can) by carrying the copy of all the communications/correspondence you have had with them so far, along with the copy of Appointment /Joining Letter, Salary Slips and the copy of responses by your employer in written (if any)

Thirds, I wont suggest you to take help of any Lawyer or send any rude or kind of mail to them (past employer) which certainly not be a good or wise action. Mr Kulkarni is right and need to follow his suggestion, therefore, instead of showing anger and feel like to give them a lesson by going to legal way, you need to be wise, strategic and run according to the procedure so that you can get your money back and concentrate on your present job which I feel is giving you a good feel and satisfied presently. Also this is (Legal proceedings) a time taking and expensive process and I don’t think you will be able to buy that option.

DO NOT MIX YOUR PAST WITH PRESENT. You don’t need to share or discussed these things with your mates or anyone here at present employer or let your past employer know about your present working. By doing this you can prevent any bad impact of your past employer on your present job.

From India, Gurgaon
Dear Sir,
It feels great to get wise advise from you. But after getting reply from Mr. Kulkarni i followed his suggestion and sent them a polite mail. And i got reply from my boss and i am very happy to share this that i got my salary.
Thanks a lot everyone.
Regards,
Dixit

From India, Mumbai

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