How Can My Friend Resolve Her Delayed Salary and Job Threats at R Tech BPO?

Dear Friends,

One of my friends is working with R Tech BPO in Navi Mumbai. She joined in June 2010, and during induction, she was verbally informed that the salary would be given for the current month on the 25th of the next month (i.e., salary for June would be given on July 25th). However, this point was not mentioned in the Offer cum appointment letter.

For the last two months, she has not received her salary. When she inquired with HR, she was informed that the salary has been delayed and will be given on August 7th.

To add to this, her Operations Manager is asking her to resign as she is not meeting the targets, or else she will be terminated.

Please help me resolve my friend's issue so that she can receive her salary.

Thanks,
Naveen

Dear Naveen,

As per the Payment of Wages Act 1936, where there are fewer than 1000 employees, salaries must be distributed by the 7th of the month, and for more than 1000 employees, it must be distributed by the 10th at the latest. Even in the worst cases (fines, deductions, poor performance, etc.), salary cannot be held for more than one month. No employer can withhold an employee's salary without providing a valid reason in writing for the delay. If an employer has not given a justified reason for withholding salary, the employee should send an email to the HR department requesting the release of the salary and an explanation for the delay. It is important to have all communications in writing and not verbal. If the issue is not resolved, the employee should seek assistance from the labor department or the relevant authority designated under the Payment of Wages Act.

Regards,

Thank you very much, Mr. Babanaresh.

I would like to seek one more clarification regarding the labor department you mentioned. Is it a government body, or does every company have its own?

Thank you,
Naveen

Dear Naveen,

The Labor Department is a government department that has ultimate control over organizations to avoid unfair practices against their employees. You can refer to the site maharashtra.gov.in and will find the address of the department and the concerned officers' contact numbers and email addresses.

Regards,

Hi,

My friend sent the email to them using their official email ID and contacted HR. The HR manager over there informed her that, as her performance is not up to the mark, she is not eligible to receive her salary.

The HR manager pointed out a clause in the offer cum appointment letter, which states:

"If at any stage during your appointment (training period inclusive) your performance, attitude, or conduct is found to be unsatisfactory, your services could be terminated without notice and without assigning any reasons or compensation."

Therefore, according to the above clause, the HR manager stated that she cannot claim any salary as her performance is not up to the mark.

Please help.

Regards,
Naveen

Dear Member,

One must abide by the clauses/terms and conditions of the appointment letter. Ultimately, your friend accepted and signed it at the time of joining. As you mentioned, it is clearly written that services can be terminated without assigning reasons, but let me tell you that your outstanding dues cannot be withheld. The employer is liable to make full and final payment of your entitled dues to you. You can directly meet or discuss with a Labour Officer/Inspector, providing a copy of your appointment letter for a final decision. It is their duty to assist you, or you can seek the help of a lawyer/advocate who specializes in labor cases.

Regards,

Hi,

In my office, one of the staff members has received a $15,000 monthly increment, and now, starting this month, his salary will be $90,000. Could you please advise me on how to categorize or structure his salary into basic pay, HR, etc.?

Thanks,
Tanvi Kadam