Riteshmaity
Labour Law Advocate
Shankar1602
Sr. Consultant
B.P Singh
Favista.com Gurgaon

Thread Started by #shankar1602

Dear All,

I was trying to get some help i nmy case and then came across this Forum and its a great platform for HR / Management / Employee / Employer.

Following is my Scenrio:

I got a Job from a resource outsourcing organization, lets call it ABC Consulting - A. I was required to work at an Indian MNC - one of the Top 3 IT companies - M. I joined and started working as Contract employee at M. After working for 1.5 Months, I got a permanent job at another MNC. Since I was a Contract employee at M, I decided to join the permanent position and resigned at A keeping managers at M in Loop. I clearly mentioned that please consider this email as start of my notice period of 30 days.

A asked me to submit all the timesheets and complete the formalities. I completed the formalities and surprisingly got released in 3 days; although I was ready to serve the notice period.

Please note that I wasnt paid salary in first month due to Manager at M on leave.

Since then i have been following up with A for my Salary but they - A kept on telling get your timesheets approved. I tried contacting at M but they asked me to contact my employer A.

I have asked "A" multiple times through emails and calls but they kept on saying that your Timesheets are not getting approved by M and hence withholding my Salary and Notice period payout.

Its been more then 4 months and still i didnot get any positive response. I request the forum members to suggest what i shall do now.

Let me know if there are any open queries that i would have missed.

Your help is needed please.

Thanks,

Shankar
2nd January 2017 From India, Hyderabad
Since you have not got 1 months salary in spite of giving them notices (in emails which I suppose are in the official email) now you have to either give a legal notice through lawyer (which may make them clear the dues immediately in order to avoid further hassle) or you have to knock the doors of appropriate legal forum.
Depending on the nature of your employment, nature of your company, strength of employee, your salary etc. the appropriate forum can be decided. For that you may consult a lawyer.
Please note that fighting a legal battle is time consuming as well as expensive. So you better decide whether it is worth for a month's salary.
2nd January 2017 From India, Kolkata
Thanks Ritesh,
I understand that its for 1 month. Can there be some effective way to get the salary and FnF. would it be fine if atleast send a logal notice from Labor Court? it may make them feel the pinch. or something like warn them of spreading this thing on social media.
I have all the relevent documents like Offer letter, Deputation letter, Resignation emails, Release email and Timesheets.
Regards,
Shankar
5th January 2017 From India, Hyderabad
Court cannot send any legal notice. Court can only send summon to the company asking them to appear before the court and defend themselves. Before approaching the court, it is always advisable to give a legal notice to the company stating your grievances and seeking relief. This legal notice is given by a lawyer, not court.
Even under labour laws, salary can be recovered under different Acts. Please note that different forums are there for different Acts though all these Acts are under labour laws. So it is essential to have all details related to your employment.
5th January 2017 From India, Kolkata
I worked in real-Estate company "Favista" Gurgaon from May 2016 to August 2016 as a Sr.Relationship Manager. I was appointed at Favista for Bhiwadi team. I joined on 1st May 2016, but they did not give me any offer letter or joining letter. Company has not payed my salary for last 3-4 months, when I ask for salary, they give excuses that they will give in next month. Company has not framed any HR rules but trying to extract work from us in some manner or other. It was just a waste of my time and position in Favista.com. Please kindly someone suggest me what I should do. Is there any laws protecting employees benefits??
7th January 2017 From India, Gurgaon
First send a notice/ legal notice demanding the outstanding salary immediately under speed/ registered post before knocking the doors of the Court.
8th January 2017 From India, Kolkata
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2017 Cite.Co™