Umakanthan53
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Aniket Pathak
Sr. Officer Hr
Jatin_Rana
Software Developer

My company transferred my salary into my salary account on 11th sep 2017. The very next day on 12th sep 2017 in the morning around 9AM, i sent an email to my employer regarding my resignation. At about 9:30 they reverted back my salary without giving me any reason. At that time i was unaware of that thing and went to office as usual to do my job. In office i had meeting with company owner about my resignation. They told me that my resignation is on hold for some time and they will confirm it soon. After some time they emailed me
Hello
Greetings!
As per discussion, you agreed to take resignation back.
Thank you
I never agreed to take my resignation back and i was unaware of this email. Unaware of this act i went back to my work but in the evening when i tried to withdraw money from salary account transaction got declined. I called bank customer care and they told me that it is reversed back to my company. I had no cash at that time , so it made me to come home by walk (arround 4km). On reaching home i tried calling my employer regarding this but he ignored my calls.
On 13th sep in the morning i again tried calling my employer to clear the issue but again ignored my calls.
After then i sent email to company asking them reason why my salary is reversed back and i am having fever also out of money so can't come to office to discuss the same.
Company official responed back with email
Hello
just to let you know, we reverted the salary as it was wrong calculated and hence we are trying to figure out the accurate figure of the salary.
Regarding your resignation, just to let you know as per company policy no one is allowed to take leave in notice period and in case of taking leave in notice period, lead to breaching of resignation policy and notice period.
We will try to sort out the salary of last month, it will be sorted out soon, most probably today.
After that i responded with this email
Hello sir,
Thanks for clarification regarding salary issue.
Also, i was told yesterday that my resignation is on hold and also company itself notified me by email yesterday that my resignation is not accepted. In that case, how its possible that my notification period is started or i am in notice period.
I hope salary issue will be sort out today, since i am in great need.
After that they didn't sent me any email ,no call from their side and have not paid my salary of last month till yet.
What legal action can i take for this trouble and how?
Any help would be appreciated.
Thanks
14th September 2017 From India, Chandigarh
Dear Jatin Rana,
In what capacity you were working - as an employee in the cadre of workman or supervisor/officer or manager? The episode you described is indicative of the unscrupulous character of your employer. Any way make a complaint to the area labor officer immediately.
14th September 2017 From India, Salem
That was masterstroke by the way from employer. your example may be of great teaching for others who wants to kick the job as soon as they get their salary you however made mistake by not withdrawing money first. You first go to your bank and give written complaint asking where did your salary went after getting credited to your account. Even if it was credited back to salary account of your company how could bank debit the money from your account without your consent. you first do that, also ask the bank manager that you want explanation or else you have no choice but to lodge police complaint of fraud. Then bank will issue you the letter that as per your employer it was erroneous entry and they ask to revert the entry. Take that letter you will be needing it to file a case against employer if he doesn't pay you. Also, now you have no choice but to serve the notice period and get your full and final settlement. Employer did this because he was sure that you are going to abscond after getting salary or perhaps this was his perception. Now serve the notice pay and get your FnF or be ready to file a case in court of law because your employer seems determined.
Seek Some advice from seniors also.
14th September 2017 From India, Pune
@UMAKANTHAN53 Thanks. I am working as software developer, i think it falls in workman.
15th September 2017 From India, Chandigarh
@ANIKET PATHAK that was not masterstroke but a very cheap thing to do. i had clearly mentioned in my resignation that i will serve full 1 month notification period as per company policy , so there is no such thing that i will run away. I also had meeting before this issue where i agreed to serve notice period. Apart from that the salary was of last month, for which i have worked. There is no reason they can legally allowed to not pay me for my work. Employee have right to go for any type of work.
Also, they had transferred my salary yesterday when i mentioned that i will take legal action.
Thanks for your suggestion.
15th September 2017 From India, Chandigarh
Great. congratulations for getting your salary. believe me legal way was the only way if they wouldn't have paid the salary. Now as they paid the salary we can say there was communication gap.
15th September 2017 From India, Pune
I agree with Jatin Rana, the employer took an illegal action, and the bank is also at fault. When your employer credited your salary, the bank must have sent you an sms but when they reverted your salary without asking or informing you, was an illegal act. Please check wit the bank and take action against the bank also.
Warm regards
Bharat Gera
HR Consultant
18th September 2017 From India, Thane
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