Facing Unpaid Salary and False Resignation Claims: What Legal Steps Can I Take?

Workplace Challenges and Legal Advice Needed

I have been working for a new startup company for the past one and a half years as a branch head, managing 24 employees. I have a total of 10 years of experience. Recently, two months ago, a new Regional Manager was appointed, and he started handling employees in his own way, always mentioning that he knew a police commissioner who is close to him. I was forced to quit the job on 28th May 2017, where unbelievable and impossible targets were given to finish within 15 days, or half of my salary would be put on hold. To date, I have not resigned from my duties, and an email was circulated to all staff stating that I requested management to relieve me immediately, which is not true.

Two days ago, the Regional Manager emailed saying that some amounts were due, for which every explanation was given via email and nothing was pending from my end. Additionally, all accounts were maintained by an employee who reported directly to the head office, and I was not involved in the accounts, so there is no need for an audit or investigation. As of now, my salary has not been credited, and the Regional Manager says it will take another 45 days to release it.

Seeking Legal Advice

My query is, until I receive a relieving letter, I cannot join other jobs. As a single parent, how can I survive without a salary? What legal actions can be taken?

Thank you.

This is a very serious issue, and you need to approach the labor office to get it resolved with the help of some legal advisors.

Thank you.

1. Please consult a good advocate for handling service matters.

2. Please do not give in to any pressure.

3. Please do not provide anything in writing without the advice of your advocate.

4. The intention of the company is not good.

You can consult an advocate and move this issue legally to get things done in the right way.

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Overall, your input is clear and well-structured. I made some minor adjustments to improve the readability and flow of the text. If you have any further questions or need additional assistance, feel free to ask.

Proper notice should be served for lack of performance. Wages should be paid on time. If there is a delay in wages, you can file a written complaint with the Labor Welfare Officer of your area. Seeking advice from a legal expert may be beneficial if you decide to pursue litigation for justice. Consider the pros and cons carefully before making a decision.

In my view, firstly, the questioner, being the branch head, cannot seek any remedy under the Labour Laws. Secondly, there is no mention in the post whether she is still in service or stands relieved without any formal orders in writing. Thirdly, why did the new RM start harassing her the way she described? Fourthly, it is not known whether she made any representation to the top management since she is an old employee of the organization. At times, some managers may be taskmasters and very tough in their approach, but the stipulation that failure to achieve the target would result in withholding half a month's salary is unbelievable. Without these essential inputs, no one can suggest a quick and appropriate course of redress.

Issues with Management and Employment Status

Referring to the above thread, I informed the higher authority about the issues happening in the branch. The CEO messaged that he would visit the branch on the 26th of May. He visited the office late in the evening and said he would talk to me the next day, which was the 27th of May.

Note: My date of joining this company is January 2016.

- RM's date of joining: February 27th, 2017 (no subject in process)
- Destination Manager's date of joining: December 1st, 2016 (partial subject knowledge), appointed directly by the CEO, paid a higher salary than me.

On the night of May 26th, RM circulated an email and messaged on the WhatsApp group that the CEO would be meeting the staff one-on-one on the 27th, in the presence of RM, and during the session, I was nowhere in the picture.

On the 27th, I had no chance to speak to the CEO because the RM was completely occupied with him.

On the 28th (Sunday), I was called, along with the Destination Manager, by the CEO and RM between 11:00 am to 2:00 pm. We both were narrated a story by RM, and he said the moral of the story is if we do not achieve 15 fresh visas in the next 15 days, we both have to submit our resignation letters immediately, and this would be accepted after 15 days.

Direct Submission with the CEO

1. Right from March 3rd, continuous caution emails were sent to the said Destination Manager, stating that he is not focusing on work and that the intake will be affected. The same emails were cc'd to RM every time.
2. As soon as he was appointed, I informed the HO that this guy had less knowledge and that his CTC is very high. They didn’t respond to it and said he was directly appointed by the CEO.
3. The Destination Manager had less grip on his subject, so I trained him at regular intervals.
4. The Destination Manager was assigned 45 visas as a target (he could give 3). As a Branch Manager, I had to do 10 (made 7 out of them).

Now, when the said targets are not achieved by the Destination Manager, why am I being forced to submit a resignation letter? Immediately, RM said, "We don’t want to listen to what happened, just do 15 fresh visas in the next 15 days, or your 50% salary will be put on hold."

The CEO didn’t reply to anything. I asked for 2 days' time, and on the 28th night, RM circulated an email saying that I requested the CEO that I want to leave the job and henceforth I was relieved.

Present Scenario

Immediately, the password of the email was changed by RM, and I had no option to reply to the email to all.

I was instructed through an SMS message to come to the office and hand over all belongings on the morning of the 29th.

I haven’t submitted my resignation letter until today.

My salary has not been credited until today.

I was informed that some auditing is going on, and I was given 45 days.

PLEASE SUGGEST?