Non-payment Of Wages - Only 8 Days Notice Given

Hi , I joined one Mumbai company in the month of May 16. The employer / director/ my reporting manager always scolding on me about my work. She always used noncenec idiot words. I tried to do my work as per she wants . I always try to do my work in time limit she gave but she was not like my ways.

In the month of July 16 I discussed with HR relating this matter she also talked with her about this. After that employer said" ohh you are so sensitive then don't talk with me I will also not talk with you - we will discuss through HR"

But could not understood her behaviour hence I send an email to her and also cc HR about my resignation. She was not replied anything a about this. I also gave hard copy to HR for the same. I was in probation period hence I gave only 8 days notice period. I always remind HR about this but HR always said wait we will discuss. I also ready to discuss but Director was not gave the time for this matter. After complying 8 days native period I left my job. Now till Jan she was not paid me my 24 days salary and travelling expenses for office work after so many follow ups. What should I do please guide me .so many employees suffers this situation but no body has their salary.

Regards ,

Russhah

Dear You can file a suite against the company for nonpayment of wages. approach your lawyer.

Since you have tendered resignation and the company did not bother to reply (either accept or reject), it will be deemed that in absence of any rejection of resignation, your resignation is accepted.
Regarding you outstanding salary of 24 days, write an official email/ letter through registered/speed post (keep the acknowledgment) requesting to release the outstanding dues and travelling expenses. In case they refuse they you can proceed legally by approaching an able lawyer.

If the manager is using abusive language you can file an criminal FIR against the company's manager under the Sexual Harrassment Act and also seek and claim compensation for mental torture through the consumer forum for your services rendered but unpaid.

You have not completed your notice period and have absconded.
I didn't think the company accepted your short period (definitely they didn't confirm in writing), so they are free to hold back your full and final settlement till you pay the notice period wages. At best they will deduct it from your pending wages (in which case anyway you will get nothing)
Only thing the previous history with the company suggests is that they are happy to get rid of you. And you will get nothing from them. Also, I do not think you will gain anything by taking the legal route, for its long and expensive and you are starting on a weak base of absconding without completing your notice period.

You should immediately file the complaint with the Labour Commissioner to ascertain while the company to accept your resignation and stealing your money in the name of absconding. There are many companies that do this sort of illegal activities and haas to be brolught to the notice of the government through the labour department.

Dear SASWATABANERJEE.I think I was in probation period if I completed my probation period then after notice period was applicable.
You mean I will not get my salary and travelling expenses. So no right to claim. Is it ??

Dear Mr.Russah,
First of all let us know the Notice period condition for termination of employment by either side during probationary period as per your appointment order. Then only we can understand whether you have observed the Notice period condition or not. If the notice period condition was metted out by you, then you send a letter to the HR with a copy to the concerned Director requesting them to settle your dues consequent to your resignation ( Refer your Resignation letter date) under Registered Post and also under Postal certificate and wait for thei reply. After 15-20 days if you don't receive any reply you should send another Reminder Letter under Registered Post and under Certificate of Post to HR with a copy to the Director. After a considerable time if you don't receive any reply from the company, you should approach a good lawyer for further action.

Hi,
There is no specific mentioned about probation period exit. Only it mentioned 3 months probation. And 2 months notice period after resignation.
I think all rules are applicable after confirmation of your service so I served 8 days notice period.

We do not know how long you worked since you only gave vague dates.

Even if in probation, you should have checked the notice period. Or at least state in the resignation letter that you are considering there is no notice period as none is mentioned in the appointment letter.

You can't assume that there is no notice period. Standard practice is 30 days. Some state shop and establishment act give more specific notice periods depending on how long you worked.

In this case, I suspect HR didn't respond because they were expecting you to make this assumption and abscond and they would take advantage of it because it's very clear they no longer wanted you there

In any case, what options do you have ?

At best, you can go and file a complaint with labour commissioner. He is unlikely to take any action. Or he may go to the company and ask them what happened. Most probably he will be satisfied with the answer they give. If you are lucky, they may just pay up to let him go without risking a notice.

If he doesn't send a notice, then you can file a complaint before labour Court. If the salary was less than ₹18,000 per month, you at least have protection under payment of wages act. Otherwise it's more difficult. But a court case, is expensive both in terms of time and money (lawyers fees, etc). If you are doing work somewhere else, the disruption in your work will be highly counter productive.

So it's not that you don't have a legal recourse. The question is do you want to take it and whether the cost is worth it.

Just came across a case at a clients office where the final verdict in unfair dismissal has been given (after repeated appeals) about 20 years after the incident. It's an example of how slow and cumbersome the Indian judicial recourse is.