Madhu.T.K
Industrial Relations And Labour Laws
Mnj.tiwari
Service
+2 Others

Thread Started by #sophiafdes7


For a brief history regarding my issue kindly check my previous discussion. You can use the following URL https://www.citehr.com/506033-can-my-employer-block-my-salary-cheque.html
My ex company has sent me two back to back letters. The first letter was a intimation letter and the second letter is a show cause notice wherein they have asked me to serve 1 month notice or pay my 1 month salary based on the intent letter(offer letter) signed by me. However the intent letter did not contain any terms and condition regarding the notice. The company has stated that they will take legal action against me in the Civil court. Moreover I worked there for 45 days only and I was not a confirmed employee. In Such case how can they ask me to pay them the notice period. On the contrary they owe me 15 days salary.
Please guide what should my next step be.
18th November 2014 From India, Mumbai
If the offer letter is silent about notice period, why should you worry. Let them send n number of letters, you just reply that you decided to leave the establishment because of health issues, but at the same time there were unreasonable delay in getting salary and the salary for the last month has not yet been credited to your account. You should say that the obligation of serving notice or paying notice pay is no where in the appointment order and as such you are not under any obligation to serve the notice period or pay in lieu of notice.
Madhu.T.K
18th November 2014 From India, Kannur
Thanks Madhu,
I am followers of yours since 2008,
If you allow I would like to share something, as the might be seems that the employee hasn't information about separation from the establishments, as the company has sent intimation and show cause notices. If I am not wrong and the case may be as stated above, then
The employee needs to send letter of resignation stating the reason of leaving referring letter of intent ( if he has not got letter of appointment, normally in 45day any organization issued the letter of appointment) to the company first.
Also the organization doesn't send normally letter for recovery without clauses, we need to understand both,
I would like get some more clarification on the topic from sophiafdes7 to have a clear information and I hope you will suggest most appropriate way to resolved the matter.
Thanks
19th November 2014 From India, Gurgaon
Hello Tiwari,
Thank you for your input. I would like to inform you that I have given my resignation through email clearly stating my reason for resigning. Knowing very well how the company treats the employees I chose not to meet them personally. The company operates in the most unprofessional and unethical way. When I requested for a sick leave I was denied and forced to report to office. When I did not report to office I was asked to write a statement next day.
I have worked 15 days without any pay as I was waiting for my salary cheque to clear ( which was delayed). It's inhuman on the management's part to delay the salary of employees on purpose. I'm the sole bread earner in my family and not receiving the salary on time is a mental torture. Why should I continue working in such company who treat their employees like slaves. I'm not alone in this situation. There are more then 15 ex-employees who have been harassed in a similar way.
19th November 2014 From India, Mumbai
By the reference to experience that you have stated the inference is that this EMPLOYER IS UNWORTHY OF BEING EMPLOYED WITH.In such situations notice period/pay even if applicable should loose its sanctity.

The episodes are misconduct on part of designated official that are appointed by employer.

The employer has caused breach of trust...

If you have stated the reasons in writing to the establishment then you have done well.

If notice period/pay is not part of negotiated T&C it can' t be enforced.

Shops and Commercial Establishment Act was enacted to govern the service conditions o employees working in establishments working in establishment covered by this enactment.

(Name of the state) Shops and Commercial Establishment Act of many states stipulates issuat of appointment letter.....and prescribed form for it and narrates details to be stated by employer.

Notice Period/pay is also stated in this Act and for service period of 45 days it is NIL....hence the establishment covered by this Act can't insert notice period/pay inconsistent with the Very Act that governs it.

As per Model Standing Orders:Notice Period/pay during probation period is NIL.....EMPLOYEE personally is held responsible for faithful observance of standing orders or can be penalized.

You may close the matter by final reply addressed to appointing authority,MD by Redg.Post and with a copy to your Labor Law Consultant Service matters lawyer to handle if the employer and his attorneys in HR are adamant and recalcitrant.

You can lodge complaint with Inspector appointed under Payment of Wages Act and Shops and Commercial Establishment Act,O/o Labor Commissioner,

Your lawyer after examining all doc's and inputs may opine that criminal complaint u/s 406,420 ccanbe lodged...
19th November 2014 From India, Chandigarh
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