Labour Law & Hr Consultant
Insolvency N Gst Professional
Kumar 252
+1 Other

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Hi, I have been working at a IT company for almost 2 years. Since the beginning we face many problems from our employer. No HR policies, no leaves, no salary hikes, holds original certificates and signed bond.
During interview and joining I agreed with monthly salary amount which can be paid monthly basis.
Recently, our management introduced a new rule which is not acceptable. "If any employee doesn't meet the performance standards in a month, salary will not be paid".
I am wondering that what kind of rule is this, most of our colleagues are not happy with this. How can they measure an employee performance ? By this rule they will take advantage and skip employees salaries. Even we heard that our employer got bankruptcy.
In these conditions if we plan to quit they don't relieve us definitely. On the other side if we continue work even there is a chance to skip salary by showing performance reason.
I have a family and financial commitments, so can't continue with this job in these conditions. So kindly help me with valuable suggestions.
Can these type of rules be introduced in the middle? They neither relieve not pay our salaries.

From India, Hyderabad
Depending on the number of employees engaged by the org, it has to pay salaries by 7th or 10th day of the following month. If it doesn't, it contravenes payment of wages act. Aggrieved employees can lodge written complaint with the labour office of the area. The payment is not based on whims & fancies of the management.
Since you are as IT company, state shops act is applicable to you. Please download the act & know duties of employer towards its employees.

From India, Mumbai
These companies are taking advantage of job shortages.
What you written about retention of original certificates,delayed salary payments violate law.
If you complain you will loose your job,but are you having any alternative.
Go to the Labour officer with a written complaint and annexe documents in support, while looking for another job.

From India, Pune
Dear friend,
If what all you described are true, all the acts of the management are unfair labor practice. I wonder how all the employees simply watch these things as moot spectators. Even illiterate inter-state migrant workmen employed on hard physical labor come to the road and agitate against such atrocities and draw the attention of the authorities. Being highly educated and bestowed with the talent of effective communication skills, you and your colleagues should not wait the Law to come to your rescue; you have to knock at its doors. Submit a joint-memorandum to the State Labor Department. Enlist the support of the State's prominent Trade Unions.

From India, Salem
Dear Friend,
First of all you are advised not to sign any such document of the management to retain the job. It is understood that all the employee either not united or without unity, result of which your management rules on you and get scope for unfair labor practice. You write a mail or letter to HR Head to return all your testimonials in his custody, if not returned within stipulated time then lodge an FIR in the name HR Head.
Further, if management does not pay wages by 7th or 10th (as the case maybe) knock the door of labor office of your area lodge the complaint against the management under payment of wages act.
Our senior members have already given their suggestion & views in the matter. There is well said " If you are not mine how I can be your's" go tit for tat use print, electornics media well for use as your instrument to gain your goal.

From India, Mumbai
Hi All,
Thank you for all your valuable suggestions. Recently, I have had discussion about my performance,they abused me verbally and my md used couple of bad words. So, I defended myself. But they tell that they don't relieve me as well as they warned me that they will file a false case against me like I stole their software.

From India, Hyderabad
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