Dear Seniors,
One of my friend was working with a Project oriented Company. Due to severe financial crisis they were not paying salary regularly for the last 6 months. For example, salary for the month of July,2011 was paid in the month October, 2011 3rd week and August salary paid in December,last week.During the period the company never officially communicated to the employees about the delay and or any assurance given as to when the salary will be paid. Due to the frustration and being unable to manage the the things like house hold expenses, EMI for housing loan, medical expenses etc..etc.. he secured a job with another organisation and resigned from the said company in the month December, 2011 by giving a notice period of 1 month from December, 1st to 31st December instead of 2 months notice period as per the appointment letter. Due to stress, strain and mental tension he falls sick and could not attend his duties for more than 20 days during the notice period. The absenteeism was duly informed to the HR dept through SMS and during this period he requested the management to nominate somebody to taken over the charges from him, so that the company will not suffer and he can be relieved on the due date. However, the company never considered his request and as a result he could not handover the charges to anybody before 31.12.2011. His resignation letter has been only acknowledged; but nothing has been given in writing as to whether the same has been accepted or rejected. He left the organisation on 31.12.2011. Now, he has been informed by his colleagues that salary for the month of September has been paid in the 1st week of Jan 2012 and his entire pending salary, pertains to the period prior to the resignation, is under hold. Can anybody help him by giving a proper advise as to how to move further to get his due salary, whether the stand taken by him by giving lesser notice period is legally valid, what action he can take legally under labour rules to get this legal dues?
Regards,
Charudas. M
One of my friend was working with a Project oriented Company. Due to severe financial crisis they were not paying salary regularly for the last 6 months. For example, salary for the month of July,2011 was paid in the month October, 2011 3rd week and August salary paid in December,last week.During the period the company never officially communicated to the employees about the delay and or any assurance given as to when the salary will be paid. Due to the frustration and being unable to manage the the things like house hold expenses, EMI for housing loan, medical expenses etc..etc.. he secured a job with another organisation and resigned from the said company in the month December, 2011 by giving a notice period of 1 month from December, 1st to 31st December instead of 2 months notice period as per the appointment letter. Due to stress, strain and mental tension he falls sick and could not attend his duties for more than 20 days during the notice period. The absenteeism was duly informed to the HR dept through SMS and during this period he requested the management to nominate somebody to taken over the charges from him, so that the company will not suffer and he can be relieved on the due date. However, the company never considered his request and as a result he could not handover the charges to anybody before 31.12.2011. His resignation letter has been only acknowledged; but nothing has been given in writing as to whether the same has been accepted or rejected. He left the organisation on 31.12.2011. Now, he has been informed by his colleagues that salary for the month of September has been paid in the 1st week of Jan 2012 and his entire pending salary, pertains to the period prior to the resignation, is under hold. Can anybody help him by giving a proper advise as to how to move further to get his due salary, whether the stand taken by him by giving lesser notice period is legally valid, what action he can take legally under labour rules to get this legal dues?
Regards,
Charudas. M