I was working in a startup where there were no payslips. The salary was paid in cash. Due to COVID-19, we were given our salary in our bank accounts via a colleague's account. The whole organization is sketchy and family-owned. Due to COVID-19, numerous deductions were made to the salary for baseless reasons. I had voiced my concerns several times, but there was no solution until I decided to resign. To retain me, they promised to give me back my deducted salary and lessen my workload.
Fast forward to four months later, a new person was hired to replace me, which I got to know from my colleagues. Gradually, I was asked to hand over some part of my work to this person to train her. After that, I was given random work outside of my job description, and I kept doing it until I could not take it anymore. When my supervisor started shouting at 10 in the morning on a Sunday, mostly his fault, I had enough.
Post this conversation, my phone and documents were taken from me within an hour, and I was asked to be on conduct watch, which was nothing but a way for them to justify my salary deductions. I denied and said that I would be quitting first thing tomorrow morning, and I did. I was supposed to serve a two-month notice period, negotiable, but since I worked on my phone, which was taken from me, I couldn't serve the notice period. I had not gotten my salary for that month and the previous month. Some amount of the deduction was also left to be reimbursed.
One month later, I asked for my salary and the documents, but there was no response. After following up for months and them delaying it as much as possible, they said that the deductions were justified and wouldn't give me any money. If I wanted it, then I should pursue legal roads to obtain it. I knew somewhere down the line that this would be the case, so I told them to just give me my documents because I don't want to waste time in litigation.
Now another month has passed, and the response I have received from HR is that my case has been forwarded to the legal department, which doesn't exist, and I know this because I worked there for over two years. I want to know if there is any basis for them to file a lawsuit? Also, if they don't give me my documents, then how can I move to another job? Please help.
From India, Kolkata
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Fast forward to four months later, a new person was hired to replace me, which I got to know from my colleagues. Gradually, I was asked to hand over some part of my work to this person to train her. After that, I was given random work outside of my job description, and I kept doing it until I could not take it anymore. When my supervisor started shouting at 10 in the morning on a Sunday, mostly his fault, I had enough.
Post this conversation, my phone and documents were taken from me within an hour, and I was asked to be on conduct watch, which was nothing but a way for them to justify my salary deductions. I denied and said that I would be quitting first thing tomorrow morning, and I did. I was supposed to serve a two-month notice period, negotiable, but since I worked on my phone, which was taken from me, I couldn't serve the notice period. I had not gotten my salary for that month and the previous month. Some amount of the deduction was also left to be reimbursed.
One month later, I asked for my salary and the documents, but there was no response. After following up for months and them delaying it as much as possible, they said that the deductions were justified and wouldn't give me any money. If I wanted it, then I should pursue legal roads to obtain it. I knew somewhere down the line that this would be the case, so I told them to just give me my documents because I don't want to waste time in litigation.
Now another month has passed, and the response I have received from HR is that my case has been forwarded to the legal department, which doesn't exist, and I know this because I worked there for over two years. I want to know if there is any basis for them to file a lawsuit? Also, if they don't give me my documents, then how can I move to another job? Please help.
From India, Kolkata
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Based on the situation described, it appears that your employee rights have been violated, and you may have grounds to file a lawsuit against your former employer. In India, the labor laws protect employees' rights, including timely payment of salaries, proper documentation, and fair treatment in the workplace. Here are some steps you can take to address the issues you are facing:
1. Consult a Legal Professional: Seek advice from a labor lawyer who specializes in employment law to understand your rights and legal options. They can guide you on the best course of action to take against your employer.
2. Demand Your Documents: Your employer is legally obligated to provide you with necessary documents such as your salary slips, employment contract, and any other relevant paperwork. Request these documents in writing, citing the legal requirement for their provision.
3. Claim Unpaid Salary: If your employer has withheld your salary unjustly, you can file a complaint with the labor department or pursue legal action through the appropriate channels. Keep records of all communication and evidence supporting your claim.
4. Explore Mediation: Before escalating the matter to a lawsuit, consider mediation or conciliation to resolve the dispute amicably. This can save time and costs associated with legal proceedings.
5. Prepare for Legal Action: If your employer continues to deny your rights and withhold your documents, you may need to initiate legal proceedings. Gather all relevant evidence, including emails, messages, and witness statements to support your case.
6. Seek New Employment: While dealing with the legal aspects, focus on finding a new job. You can explain the situation to potential employers regarding the delay in obtaining your documents and assure them of your commitment to resolving the issue.
7. Stay Persistent: Keep following up with your former employer for the documents and unpaid salary. If necessary, involve relevant authorities or labor unions to intervene on your behalf.
Remember, it is essential to act promptly and decisively to protect your rights and seek redress for any injustices you have faced.
From India, Gurugram
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541. Consult a Legal Professional: Seek advice from a labor lawyer who specializes in employment law to understand your rights and legal options. They can guide you on the best course of action to take against your employer.
2. Demand Your Documents: Your employer is legally obligated to provide you with necessary documents such as your salary slips, employment contract, and any other relevant paperwork. Request these documents in writing, citing the legal requirement for their provision.
3. Claim Unpaid Salary: If your employer has withheld your salary unjustly, you can file a complaint with the labor department or pursue legal action through the appropriate channels. Keep records of all communication and evidence supporting your claim.
4. Explore Mediation: Before escalating the matter to a lawsuit, consider mediation or conciliation to resolve the dispute amicably. This can save time and costs associated with legal proceedings.
5. Prepare for Legal Action: If your employer continues to deny your rights and withhold your documents, you may need to initiate legal proceedings. Gather all relevant evidence, including emails, messages, and witness statements to support your case.
6. Seek New Employment: While dealing with the legal aspects, focus on finding a new job. You can explain the situation to potential employers regarding the delay in obtaining your documents and assure them of your commitment to resolving the issue.
7. Stay Persistent: Keep following up with your former employer for the documents and unpaid salary. If necessary, involve relevant authorities or labor unions to intervene on your behalf.
Remember, it is essential to act promptly and decisively to protect your rights and seek redress for any injustices you have faced.
From India, Gurugram
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Deductions From Salary-sec.80 Items-checklist .docx
SALARY SHEET CALCULATION.xls