I am currently working with a private educational institution for past 10 years.
For past 6 months the organization is not disbursing our full salary. We are being given only 70% of our salary as the organization is citing poor financials. This financial health wasn't intimated to us well in advance or any option was given to us to leave the organization amicably.
Also they are not furnishing any salary slip for past 6 months because of which even taking a personal loan to meet expenses has become an issue.
I have few questions and I'd be grateful if you can advise me on this:
1. Is any organization allowed to force salary deduction without proper intimation and also without furnishing salary slips?
2. Our notice period is 6 months for which letter has to to be furnished in the month of November and the organization would relieve us on the last calendar day of May. For this they had enforced a bond !!
If I leave the organization right now citing poor financials without serving the notice period, can they enforce the notice period & the bond !!
3. Can they refuse to pay the gratuity and PF if I leave the organization without serving the notice period citing poor financials and no transparency (less salary and no salary slips)?
4. I have been an above average performer as an employee and have been appraised 4 times
in last 10 yrs where in my salary has rose by almost 400%. All my performance reports have been excellent. What option do I have legally to avoid any exploitation. What documents should get in order to ensure I get the arrears which I deserve + PF + gratuity?
Warm Regards !!!
From India, Hyderabad
I share your anxiety and agony and mental stress. I also have experienced difficulties you are facing. Nonpayment of regular salary is very common nowadays and this is no excuse that you should tolerate such exploitation. Having served so many years and now pushed to face such situation is hard time. As an outsider, I can suggest, you have only two options -
i) To have patience and continue here hoping for the best to happen as others might do;
ii) Raise a dispute in appropriate forum and drag the admin to legal scrutiny to have your just remedy.
One more is, issue a legal notice to your admin that you are forced to quit because there is a breach of contractual obligations such as non payment of salary, failure to issue salary slips and demanding immediate settlement of F & F with clean Relieving letter etc., if you can afford and withstand the time and loss of salary till you get into alternate employment/earnings.
Have courage and be sensible.
From India, Bangalore
Thank you Kumar for the kind words. I am trying to hold on to my sanity and patience. But I'm surely gonna take a legal action. They just can't act out their whims and fancies. Thanks again !!
From India, Hyderabad
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