Raghunath_bv
General Manager-hr & Admin
Riteshmaity
Labour Law Advocate

Thread Started by #Yadav.poonam411@gmail.com

I have recently joined a company but due to pressure of work and staying late I didn't continued that company after receiving my cheque. After this my hr called me to ask whether I will be rejoiningor not I told her that due to partiality and sale conversion is bad I won't be continuing. Then she said come for exist formalities. She asked me wheather I have receivedmy salary or not I told I will be depositing the cheque and my cheque has been stopped. I called to hr for the reason she told your manager has stopped it and if you come for exit then it will be cleared. I visited to complete that. Then the hrtold me she will be calling me and informing me about the date when to deposit the cheque. I was waiting for her call when I didn't received any call I visited to meet her when I completed my exist formalities that time she was on notice period and she didn't informed me. Now I came to know she left the company. In this whole process my manger was not been updated by her. Now the company is not realising my salary. I am in debt. I am planning to go in consumer court for the same.. kindly suggest me. In there offer letter it was mentioned that if they terminate any employee then only the salary stops by them. please help me.
12th July 2016 From India, Mumbai
Dear Poonam,

Please go through you appointment letter/offer letter wherein it will be clearly stated that in case of resignation a certain period of notice period will be stipulated, in case of contract employment, it will be 15 days, in case of regular employment it will one month notice period and for senior position it will be two to three months,one has to abide by it, since you have acknowledged the same or else give a representation to the management for relieving early. Normally nobody resigns due to work pressure, unless otherwise there is harassment from the seniors or peers, else your unsatisfactory performance could lead to resignation .

Whatever the case may be at the first instance, you should have made your stand clear to your Manager, about your resignation stating the reason for the same. Collecting the salary cheque and not attending tantamount to absconding or unauthorized absent as the case may be.. Legally speaking you need to submit the resignation, generally the company mgmt will depute some personnel to take over charge from you and you need to obtain the clearance certificate , the format of which will be available at the HR Dept.and hand over the document to HR Dept.

Then only you can expect full and final settlement from the company management, this includes your salary for the number of days worked, your leave encashment if any & Bonus ( as per your company rules).

This case does not under the purview of Consumer forum you need to approach the labour court or small causes court, wherein you should have evidence to prove your case, otherwise it does not hold water.

Hope you understood.
14th July 2016 From India, Bangalore
You are not supposed to leave your company at your own will but you are supposed to serve the notice period or to pay equivalent amount in lieu thereof. What is the notice period in your letter of appointment?
What is the tenure of your employment with this company? And how much amount and in what form (like salary, bonus, etc) payable to you? At no instance your employer can stop your salary.
You have forums in labour laws to recover such outstanding salary as well as dues, but consumer forum is not the appropriate forum as mentioned by Mr. Raghunath above.
Please submit your resignation and also demand for outstanding salary in writing with proper acknowledgement of the receipt of such letter.
14th July 2016 From India, Kolkata
Dear All,
I am glad that you all have taken initiative to read my problem and answer it. Thank you for your valuable time. But as I mentioned earlier in the post that I do have resigned from my company. I have done the exist formalities. I am struggling to get my one months salary. I am asking for my money for which I have work hard.
I need to that money as soon as possible. My manager was Doing partiality with me as I was new to this Field but she wanted me to perform better than seniors who have been there from more than six months.
15th July 2016 From India, Mumbai
You need to send a demand/ legal notice claiming the amount due to you. If they don’t pay, then you have to file cases before the appropriate authority under the labour law.
16th July 2016 From India, Kolkata
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