Seeking Advice on Withheld Salary
Can anyone please advise me on getting my last month's salary from my past employer? I joined a company in Pune on 06-Oct-16 with a take-home salary of 30k a month under a one-year bond agreement, or Rs 25,000 for breaking the bond.
Apart from that, they emailed me a document and asked me to accept it. In that document, they mentioned that they would not pay the last month's salary if I were terminated by them before 3 months.
Since my date of joining (DOJ), I noticed they frequently use vernacular words like "Stupid," "Bullshit," "bloody," and lack respect for employees in their emails. I received my first-month salary on 30-Oct (for working days till 24-Oct) and continued my employment. However, on 21-Nov, I received another such email from my reporting person.
I have attached three such emails from different persons (GM, MD, and MD) and advised them that "Everyone Deserves Dignity." In response, they informed me that my resignation was accepted. The HR personnel in the office insisted that I leave immediately, and upon my request to see the agreement I signed, the HR showed me a document stating "employee terminated no liabilities," which they retained.
Today is my salary date, and I have not received it.
1) I did not resign from my job.
2) I was highlighting their communication errors and requesting corrections.
3) They abruptly acknowledged my resignation and compelled me to leave on my last working day.
4) They are now withholding my last month's salary.
Kindly assist me.
Thanks to all!
From India, Namakkal
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Can anyone please advise me on getting my last month's salary from my past employer? I joined a company in Pune on 06-Oct-16 with a take-home salary of 30k a month under a one-year bond agreement, or Rs 25,000 for breaking the bond.
Apart from that, they emailed me a document and asked me to accept it. In that document, they mentioned that they would not pay the last month's salary if I were terminated by them before 3 months.
Since my date of joining (DOJ), I noticed they frequently use vernacular words like "Stupid," "Bullshit," "bloody," and lack respect for employees in their emails. I received my first-month salary on 30-Oct (for working days till 24-Oct) and continued my employment. However, on 21-Nov, I received another such email from my reporting person.
I have attached three such emails from different persons (GM, MD, and MD) and advised them that "Everyone Deserves Dignity." In response, they informed me that my resignation was accepted. The HR personnel in the office insisted that I leave immediately, and upon my request to see the agreement I signed, the HR showed me a document stating "employee terminated no liabilities," which they retained.
Today is my salary date, and I have not received it.
1) I did not resign from my job.
2) I was highlighting their communication errors and requesting corrections.
3) They abruptly acknowledged my resignation and compelled me to leave on my last working day.
4) They are now withholding my last month's salary.
Kindly assist me.
Thanks to all!
From India, Namakkal
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Legal Actions to Recover Unpaid Salary
There are several actions you can take:
1) File a Civil Case against the organization for Tort of Defamation or Slander. They used such words against you with the intention to defame. Although you cannot file a FIR as this will be a very weak case of Criminal Defamation under the Indian Penal Code, you can file a civil case.
2) File a Civil Case for Breach of Contract. They have terminated your employment without reasonable grounds.
3) As your salary suggests you were in a managerial position and your employment was not old, the labor department cannot help you much under the Payment of Wages Act or Shops and Establishment Act. However, check if you were eligible for PF and whether they submitted your contribution. If not, you can approach the PF department. Check the eligibility for PF and ESI on the website below.
4) Another option is to file a criminal case against your company for cheating. This is a long shot but could work. Your wages are your property, and they showed their intention not to pay. Thus, they have wrongful gain, and you suffer wrongful loss.
I have corrected the spelling, grammar, and punctuation errors and adjusted the paragraph formatting for better readability. Let me know if you need any further assistance.
Regards
From India, Kolkata
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180There are several actions you can take:
1) File a Civil Case against the organization for Tort of Defamation or Slander. They used such words against you with the intention to defame. Although you cannot file a FIR as this will be a very weak case of Criminal Defamation under the Indian Penal Code, you can file a civil case.
2) File a Civil Case for Breach of Contract. They have terminated your employment without reasonable grounds.
3) As your salary suggests you were in a managerial position and your employment was not old, the labor department cannot help you much under the Payment of Wages Act or Shops and Establishment Act. However, check if you were eligible for PF and whether they submitted your contribution. If not, you can approach the PF department. Check the eligibility for PF and ESI on the website below.
4) Another option is to file a criminal case against your company for cheating. This is a long shot but could work. Your wages are your property, and they showed their intention not to pay. Thus, they have wrongful gain, and you suffer wrongful loss.
I have corrected the spelling, grammar, and punctuation errors and adjusted the paragraph formatting for better readability. Let me know if you need any further assistance.
Regards
From India, Kolkata
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Salary-Note.doc
SALARY SHEET CALCULATION.xls