Pending Salary From Last 4 Months - telling me that I need to pay Rs.12000 for my uniform which I never wore

Dear Sir,

I joined my organization on 17th December 2012 and received my offer letter on 16th January 2013. Initially, my boss was very rude and deducted my salary for 10 days, citing it as a trial period deduction. Despite my arguments, he firmly stood by his decision. Interestingly, my appointment letter stated my joining date as 16th January 2010. I was placed on a probationary period for 6 months, which started in July.

However, I found it difficult to continue working in that environment and decided to leave on June 15th, 2013. Upon my departure, my boss assured me of receiving my 15 days' salary in the following month.

To my dismay, when I contacted him regarding the payment, he refused to issue my check. He insisted that I owed Rs. 12000 for a uniform that I never wore during my tenure, claiming it was tailored after my departure and I was now liable for the cost.

Notably, this uniform clause was not outlined in my appointment letter, and as I was still under probation, I did not serve a notice period.

I seek guidance on how to recover the owed amount. As a salaried employee, the sum of Rs. 7500 holds significant importance in my life.

I kindly request anyone to provide advice on this matter.

Thank you.

Dear Dixit,

You are one of the few who had a bad experience with your first employment, and I hope such an experience will be your last. From the narration, it appears that you were working in a factory and a certain salary is due to you from the employer. If my understanding is correct, then simply make an application to the Inspector under the Payment of Wages Act, 1936, who happens to be the Factory Inspector. That office is prompt enough to ensure your salary is paid by the employer. Alternatively, if you were working in an office, you will need to approach the Shop Inspector for your grievance. In Mumbai, I have found both these offices to be helpful and cooperative. Therefore, do not hesitate to contact either of them. Please also note that you can claim the leave salary proportionate to your service period.

In conclusion, I have often heard people say, "I am working in an industry/company/organization/firm," which can be confusing as it does not specify whether it is an establishment/factory, etc. It depends on this information.

Kind regards,

[Your Name]

Hi,

I see you have the appointment letter with you. If the clause is not mentioned in the appointment letter and was not intimated to you, the cost of the uniform cannot be deducted from your salary. It's an unlawful deduction.

Secondly, no employer can deduct salary by claiming that it was a trial period. With your appointment letter, offer letter, and other details, you can contact the labor department and lodge a complaint in writing.

The remaining steps will follow naturally. It is certain that the employer has to pay the salary for the days you have served.

Regards,
Rajeev Dixit

Dear Mr. Kulkarni,

Thank you so much for the prompt reply. However, I was not working at a factory; I worked at the 5-star hotel Carlson Group as an executive assistant to the director. The director holds the franchise of this group. Presently, I am working at a very reputed MNC. So, I was thinking whether my actions would affect my current job as well.

I have already hired a lawyer for this matter. However, he advised me to send a very strong and firm email, stating that if no action is taken promptly, legal actions will be pursued against them.

I am feeling very confused. I am uncertain about how to draft the email effectively and politely so that they will comprehend the issue I am facing.

Please suggest how I should proceed.

Regards,
Dixit.

Dear Mr. Rajeev,

Thank you very much for your suggestion. I will take the necessary actions soon. My director did not provide me with a relieving letter or an experience letter. Should I take action regarding that as well? Please advise.

Regards,
Dixit

Replying in rude language is totally incorrect. Why should we abandon our politeness just because someone else is being rude? Since you were working in a hotel, Plan B - which involves sending an application to the shops inspector - could be helpful.

Dear Mr. Kulkarni,

Thank you so much for the prompt reply. However, I was not working at a factory. I worked at the 5-star hotel Carlson Group as an executive assistant to the director. The director holds the franchise of this group. Presently, I am working at a very reputed MNC. So, I was wondering whether my actions would affect my current job as well?

I have consulted a lawyer for this matter. He advised me to send a very strong and assertive email, stating that if no action is taken, legal steps will be pursued. I am unsure about how to draft this email in a polite manner that conveys my issue effectively.

Could you please suggest how I should approach this situation?

Regards,
Dixit.

Dear Sir,

Thanks a ton. My boss called me yesterday and spoke to me for half an hour and agreed to give my pending salary cheque. I emailed him in a very polite way, stating that if no further action is taken within 3 days, I may proceed to legal action. And he is ready now.

Regards,
Disha

Hello All and Ms Dixit,

As you already have left your job by referring the clause under appointment letter which allow you (Trainee) to do so and where resignation formalities are not compulsory (if not required by any clause in appointment letter specially), therefore, there is no need to be worry about any bad impact of your present job.

And Ms Dixit, hope there is nothing wrong at your end and you have handed over the properties were in your possession and work you were assigned by them properly while at the time of leaving and informed them about it by writing a mail, which always helps in these kind of matters a lot.

Now about your salary, you are able to get the salary for every single day you have spent with them, no matter you were on training (trainee)/ probation or permanent employment (if not specified the same specially as terms of employment and salary under any clause in appointment letter by them and agreed by both the parties for the same).

Otherwise they have no right to deduct the salary for this period. Now as they have deducted and denied to give you, you immediately need to write a letter to them by also marking a copy to your Regional Labour Commissioner /Officer and send by Register AD. “You just have to write them for your salary they have deducted or not providing you and for your experience and relieving letter.”

You also need to meet Labour Officer/Commissioner personally (if you can) by carrying the copy of all the communications/correspondence you have had with them so far, along with the copy of Appointment /Joining Letter, Salary Slips and the copy of responses by your employer in written (if any)

Thirds, I wont suggest you to take help of any Lawyer or send any rude or kind of mail to them (past employer) which certainly not be a good or wise action. Mr Kulkarni is right and need to follow his suggestion, therefore, instead of showing anger and feel like to give them a lesson by going to legal way, you need to be wise, strategic and run according to the procedure so that you can get your money back and concentrate on your present job which I feel is giving you a good feel and satisfied presently. Also this is (Legal proceedings) a time taking and expensive process and I don’t think you will be able to buy that option.

DO NOT MIX YOUR PAST WITH PRESENT. You don’t need to share or discussed these things with your mates or anyone here at present employer or let your past employer know about your present working. By doing this you can prevent any bad impact of your past employer on your present job.

Dear Sir,

It feels great to receive wise advice from you. After receiving a reply from Mr. Kulkarni, I followed his suggestion and sent them a polite email. I am pleased to share that I have received a reply from my boss, and I am very happy to inform you that I have received my salary.

Thank you all very much.

Regards,
Dixit

Hello Ms. Dixit,

While all the members have given you the right direction to go in resolving your problem, I would like to highlight just one particular aspect of the issue - the lawyer you approached and his advice to be rude.

This would be a lesson to be learned for you in the long run, I guess.

Kulkarni is right for multiple reasons.

From the ethical angle, like Kulkarni mentioned, just because the other person is rude doesn't require us to be likewise.

From the practical angle, had you gone ahead with the lawyer's advice, you would surely have created a mess and given a ruse [bahaana] to your ex-boss to avoid paying up. For all you know, even your approaching the Shops Inspector or court later could have boomeranged on you - since your rude letter can be used against you by your ex-boss. The lesson here is: the moment someone suggests an offensive action as the very first step, just run away from such a person and never allow him/her to get into your life.

From the angle of problem resolution [in general], quite often the very 'fear' of someone seriously contemplating tough action (your informing your ex-boss that you will go legal) is sufficient to prod that person into doing what he/she was supposed to do in the first place. You don't have to really put your plan into action. That's human nature.

All the best.

Rgds,

TS

Dear Sir,

I worked at a company for only one month and left due to some personal problems. It has been four months since I left, but they have not released my salary for August 2018. Despite several reminders, they have not paid me.

Please advise me on how to collect my pending salary from them. Should I write to the Assistant Labour Commissioner? If so, could you provide guidance on drafting the letter to the ALC and the content to include?

Thank you,
A.V.K. SRINIVASA RAO

Dear Sir,

I worked at a private company as a Manager - Personnel for only one month and left the company due to some personal problems. It has been four months since I left, but they have not released my salary of Rs. 20,000 for August 2018. Despite numerous reminders from me, they have not paid me.

Please advise me on how to collect my pending salary from them. Can I proceed to write to the Assistant Labour Commissioner? If this is a viable option, could you provide guidance on how to compose a letter to the ALC?

Thank you,
A.V.K. SRINIVASA RAO