Hi all,
My wife started working with this company 2.5 months back as android developer. She was assigned to work on an app which was half baked by the previous senior developer(TL) and he left the company without completing the app. So she started developing it and she was the only person who was developing it with no senior developer to help her and it was beyond her skillset to complete that app in the defined time frame alone as it was complex for a developer with 1 year experience. So the management starting pushing her and she was giving her 100% to complete that app but still deadline got extended by 3 weeks, and she had applied for leave for 5 days in the 4th week for which she had given intimation a week before. She got a message from her CEO in the company's watsapp group that she is relieved from the job as she didn't completed the app even after extending timelines on just a day before her leave.
Thereafter there was no communication from the company in regards to the final formalities like FNF, paperwork etc. and when we initiated it after the payday got passed and we didn't got any FNF, we didn't got response from the CEO, he tried to ignore her. Then we wrote a mail to him asking the about the FNF which includes 1.5 month salary to which he responded that he suffered a loss of "X" amount due to inability to complete the app, and company will pay FNF and will do the paperwork after she compensate for the losses incurred.
Kindly suggest what should be done in this case as it was never told to her that she had to compensate if she didn't completed the app and this is completely wrong on the company's part for asking the employee to compensate the loss and holding her salary for which she had worked hard.
From India, Mumbai
My wife started working with this company 2.5 months back as android developer. She was assigned to work on an app which was half baked by the previous senior developer(TL) and he left the company without completing the app. So she started developing it and she was the only person who was developing it with no senior developer to help her and it was beyond her skillset to complete that app in the defined time frame alone as it was complex for a developer with 1 year experience. So the management starting pushing her and she was giving her 100% to complete that app but still deadline got extended by 3 weeks, and she had applied for leave for 5 days in the 4th week for which she had given intimation a week before. She got a message from her CEO in the company's watsapp group that she is relieved from the job as she didn't completed the app even after extending timelines on just a day before her leave.
Thereafter there was no communication from the company in regards to the final formalities like FNF, paperwork etc. and when we initiated it after the payday got passed and we didn't got any FNF, we didn't got response from the CEO, he tried to ignore her. Then we wrote a mail to him asking the about the FNF which includes 1.5 month salary to which he responded that he suffered a loss of "X" amount due to inability to complete the app, and company will pay FNF and will do the paperwork after she compensate for the losses incurred.
Kindly suggest what should be done in this case as it was never told to her that she had to compensate if she didn't completed the app and this is completely wrong on the company's part for asking the employee to compensate the loss and holding her salary for which she had worked hard.
From India, Mumbai
Hi Shivam,
This is absurd as an employee cannot bear the expense for so call loss in any abstract manner. You can speak with an advocate who deals with corporate affairs and post his advise can approach labour commission/inspector. Hope your have the email which was sent by the CEO, stating that your wife has to pay the loss?
From India, Bangalore
477This is absurd as an employee cannot bear the expense for so call loss in any abstract manner. You can speak with an advocate who deals with corporate affairs and post his advise can approach labour commission/inspector. Hope your have the email which was sent by the CEO, stating that your wife has to pay the loss?
From India, Bangalore
Hi Mahr,
thanks for responding, Yes I do have that mail from CEO, I was thinking of responding to him on the same mail putting the facts on the mail and making him realise that he is the one who is responsible and not my wife for any losses or delay in the app.
From India, Mumbai
thanks for responding, Yes I do have that mail from CEO, I was thinking of responding to him on the same mail putting the facts on the mail and making him realise that he is the one who is responsible and not my wife for any losses or delay in the app.
From India, Mumbai
Dear Sh1vam,
Had you mentioned the last-drawn salary of your wife, the inputs would have been more complete. Anyway, your wife was a " workman " to seek remedy under the Labour Laws. Since your post conveys only the desire for getting the unpaid salary for the period she worked and nothing more, your wife may file a claim u/s 15 of the Payment of Wages Act,1936 before the Authority under the Act ( normally it would be Dy Labour Commissioner) if her monthly salary was not above Rs.18,000-00; otherwise she can file a claim u/s 33C(1) of the Industrial Disputes Act,1947 to the Appropriate Government and they will issue a certificate to the concerned Dist.Collector to effect recovery under the RR Act.
From India, Salem
Had you mentioned the last-drawn salary of your wife, the inputs would have been more complete. Anyway, your wife was a " workman " to seek remedy under the Labour Laws. Since your post conveys only the desire for getting the unpaid salary for the period she worked and nothing more, your wife may file a claim u/s 15 of the Payment of Wages Act,1936 before the Authority under the Act ( normally it would be Dy Labour Commissioner) if her monthly salary was not above Rs.18,000-00; otherwise she can file a claim u/s 33C(1) of the Industrial Disputes Act,1947 to the Appropriate Government and they will issue a certificate to the concerned Dist.Collector to effect recovery under the RR Act.
From India, Salem
I would like to add to what is already mentioned. The Sec 33c of the Industrial Dispute Act 1947 is an executive proceeding. It was created to avoid delay in the process of law when the due is clear as in your case and the employer has failed to pay it.
This will give you the quickest remedy even if the employer disputes the payment.
From India, Madras
This will give you the quickest remedy even if the employer disputes the payment.
From India, Madras
First the termination is illegal. Secondly, your employer cannot claim any amount from your wife in the manner as mentioned above.
Since your wife has worked for only 2.5 months, the amount of full and final settlement won't be much. However, you can always claim the same by way of sending notice and then filing a case before the appropriate court. It is better to consult a lawyer with all your documents first.
From India, Kolkata
Since your wife has worked for only 2.5 months, the amount of full and final settlement won't be much. However, you can always claim the same by way of sending notice and then filing a case before the appropriate court. It is better to consult a lawyer with all your documents first.
From India, Kolkata
Her salary was 20,000 and thanks for your inputs but before proceeding i would like to be 110% sure that she's not at all legally liable to pay for any compensation even if they prove her guilty by applying any cheap tricks. Please help me out with this.
From India, Mumbai
From India, Mumbai
Hi Ritesh, Offer letter is the only document we have and it doesn’t have any clause stating that company can hold the salary in any manner.
From India, Mumbai
From India, Mumbai
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