Legal Help-last Salary Not Given - Pdf Download

GKaran
Dear Sir

I was working with MNC (Germany Based) and posted at Ahmedabad Gujarat as Sr.Executive in Customer Service and BD (Not in a factory).

Following for your info –

Date of joining – 09th Feb 12

Date of Resignation – 01st Nav 12

Last working day - 02 Nav 12.

Due to internal conflict between management I had decided to resign from my position and accordingly sent my resignation (Via Mail) to Director. Next day he accepted my resignation and decided my last working day as 02 Nav. In a short notice I have handed over all my responsibilities and on last day I have obtained signature of all the concern on my handing over note.

As per company policy I had given 15 days notice period to company but management decided to relieve me early. I have hard copy of the same.

As per company policy, they have to give me incentive every quarter to me. However in my 16 months job they had paid me only one quarter incentive. On last day my manager agreed to me that he will give the incentive percentage to accounts dept for payment and he had given the same on 25 Mar 12 to accounts department and confirmed me on phone.

When I followed up with HR deparment, They told me that as per my records your case is still under probation and my system would not release the payment automatically, from my side the file remains closed.

I have already wrote mails to MD and Director HR to give me the date however they have not replied to my mails but when I send SMS they respond through SMS.

Now my query is –

1. Can company hold my salary for the month of Nav? Plse quote under which law and section.

2. It was management decision to relieve me before notice period then how many days they can take to pay me salary and F & F amount. Plse quote under which law and section.

3. Can I ask them to pay me interest @ 18% or more for the salary which was not paid on 31 Nav?

4. Which laws govern the MNCs in India for the payment of wages or salary to Managers?

5. Can company hold my payment for the month and pay me with my F & F amount after the notice period is over that is 01 Nav 12? However my last working day with company was 02 Nav 12?

6. Can I pull them under harassment by not paying salary on time and up to what extend?



In the appointment letter they have not mentioned anything for the issues which I have raised other than a arbitration clause.



You are requested to guide me to proceed further.
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anil.arora
What do you mean by “Due to internal conflict between management I had decided to resign”? how any management concern or conflict can bother you and forced you to resign from your position while you were just posted as an Sr. Executive not at a big Management role. PLEASE EXPLAIN
Second, there is a big conflict with Appointment Letter (Dt 07.11.2012) that you have attached and your stated dates of appointment and working. As per the appointment letter, you joined this company on 7 Nov 2012 and today is 16th November, 2012, means you were under probation where the clause #2.0 of DOJ applies.
But you said that you resigned from this company on 1st November, 2012 before your joining as per Appointment Letter dt 7th November, 2012, which it seems has wrongly attached by you.. PLEASE EXPLAIN.
Further, I believe member will be able to give you responses after your explanation on the same
PreetamDeshpande
Dear Member
It is clear from the appointment letter and the mail transaction you had, that the appointment letter attached in your mail is of your current employer. Please attache the appropriate appointment letter so that the members can give their views on your matter.
Regards
Preetam Deshpande
GKaran
Dear Mem,
Sorry for worngly attached the appointment letter
Please find attached herewith correct letter
For your information only DGM and Branch manager negetive issue I gave resign only no other things is involve
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