Understanding Zero Tolerance Policy in Private Companies: How Can I Claim My Unpaid Salary?

dk saini
Good morning, sir! I am just inquiring about the ZTP (Zero Tolerance Policy) in private or private limited companies. I am wondering if it is prescribed in the Company Act of 1956 or in the Shop & Commercial Establishment Act, or if it is determined by these private companies according to their own standards.

I was working in a private limited company, but due to a mistake, the company terminated me under the ZTP process. I had worked for about 24 days, but the HR department informed me that the company would not provide a salary for those 24 days.

I spoke with my friends who mentioned that the company should provide the salary in case of ZTP and termination. However, my HR department is not willing to release my salary.

Could you please provide me with some ideas on how I can retrieve my salary promptly? I left the job on 26/10/2014, but I have yet to receive my salary.
saswatabanerjee
Your post has an error. The termination cannot be on 24-10-2014 because we have not reached that date yet. According to the law, on termination, you can receive the salary within 2 working days. Therefore, you can approach the labor officer or commissioner for assistance. However, the company can deduct the value of any loss caused in cases of deliberate or negligent behavior. If you resigned, they can deduct notice pay, but in no other situation can they withhold your salary.

dk saini
Thank you very much for providing that information. However, I am going to tell you that I went to my office to fill out the full and final form to receive the remaining revenue along with my salary. They informed me that the client will impose a penalty, and I will also have to pay the penalty. They completely refused to give me my salary. Please help me, as I do not understand what to do.

Seeking Legal Resolution

Can I opt for the labor court or consumer court to seek a resolution for this issue? I am not familiar with the court process; could you please explain it to me? I would be extremely grateful for your assistance.

Thank you.
saswatabanerjee
Understanding Legal Options for Salary Recovery

The question is: How much is the money involved?

Labour court (consumer court does not apply) is exceedingly slow in giving decisions. You will lose a lot of time and money. Invariably, the company will go in appeal.

Apart from disturbing your work routine at the new company, it will also create a problem in getting jobs if companies know that you are fighting a case against your earlier employer. People don't recruit those who are perceived as troublemakers.

In any case, you need to check your terms of employment, standing orders, etc., to see if such a term was applied to you. If yes, then you have little defense as the company has the right to recovery; the quantum of mistake is also critical to the decision. This information is not available, so members of this forum will not be able to give you correct advice. You may need to consult a lawyer.

You can, of course, contact the labor commissioner's office for help. But I think that you should just drop it.

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