Hello All,
Sincerely looking for some direction, advice and even possible representation - in regard to recovery of dues from my employer.
Please excuse this rather long essay of my grievance.
I was working for this company for just over two years and all through that period the salaries were not being paid in time. However he has for the past few months (from nov'17 until Feb'18) not been paying me. I work as the international business head for the company looking into South East region. In my last recent trip to Jakarta which was for 3 weeks, I returned back on feb 10th and resigned on 13th FEB - indicating the same on whatsapp which he read and responded saying he will meet me and discuss. On meeting him two days letter he refused to take my resignation letter and asked to meet again the next week when he thinks of the appropriate transition process. The second meeting never happened and through a series of messages on whats app and some on email (emails were never responded to) - that went back and forth, I eventually received my resignation letter submitted this feb only a couple of days ago. The reason I am writing this on here is that the resignation letter came with a very strange comment - which to quote is “your resignation accepted from 13th Feb 2018 as communicated to me. Also since you were not in a position to be in Indonesia till March as desired by company your resignation accepted with 3 months notice pay deduction - unquote". The reason I was unable to be in Indonesia I wrote to him in an email and now pasting the same verbatim “Your demand that I be there until March was untenable as first and foremost the visit was organized with a time span of 3 weeks. These 3 weeks as you know require very high coordination and are planned and set well before our travel with the influencers and decision makers. My staying there after 3 weeks to get immediate results as you speak of, would not help in any way as the people concerned were already met and communicated with and the fact that they being very senior and extremely busy – would not appreciate the frequent intrusions into their time and in that I would do very little to further their course of action to suit us by imposing myself on them. Secondly you had not paid me for 3 months earlier (and this was the 4th month running) and on my enquiring and asking for the salary - you so nonchalantly informed me that you have “no order bookings and no cash flow”. You did not for one moment consider that I was away for 3 weeks from home every 45 days and that I had responsibilities at home I needed to address. Your delay in paying my salary was causing extreme situations at home – and in fact I had to borrow to make ends meet due to the lack of fluidity you were causing. To run a home without salary for close to 4 months - in spite of working and not receiving any monetary gain is highly demoralizing. But you were not worried in the least for me. But I was and I needed to be home. Thirdly you reduced the daily allowance from 125 dollars to 80 dollars (without even informing me) and upon my insistence and also to your knowledge of that sum being insufficient you raised it to 100 dollars. Over the last 6 months you have accompanied me on every trip for a week and you are aware that taxis cost around 700,000 thousand rupiah (55 dollars approx) itself. The remaining 45 dollars would just about with caution suffice for all other expenses. Considering your recent attitude of so dismissively suggesting that 80 dollars would suffice – I was not going to put myself in a situation for any unspecified length of time with highly limited resources wherein for some emergency in a foreign country as was the case in Thailand - I would not have the basic resources to fall back on.
Also for the fact that in spite of working for you and traveling for work and in spite of me asking you many times to insure me for my travels – you did not do the needful. You asked me to pay the premium of 25000 from my end and have it reimbursed from you. It was definitely not what a considerate owner would do. Considering the past and my history with you, I would have waited months for the amount. So though the above points are included they are by no means limited to my decision to resign and that’s why when I came back on Feb 10th – I resigned on 13th February after due deliberation.
In between all of this He was also communicating to me that handover needed to be done first to settle my dues. This he said is a “must” for my dues to be settled. I clearly asked him what the connection was and that it was not correct, as settling my previous month’s salaries of November and December 17 and of January 18 had no bearing on the handover, as handover is initiated once, one resigns and this I did only in February 2018. So how was my dues connected to handover?????
However the handover process has been completed and in spite and irrespective of all that was transpiring I have provided a very detailed and comprehensive handover.
My contract states a 3 month notice period.
My issue is that he says he will not pay me all my dues but will deduct 3 months advance notice as (mentioned in his comment on my resignation) and in his doing this I believe he did it with malicious intent cause - He did not pay me from November onward until Feb.
When it suited him he used the backup on pending salary mentioning my inability to continue in Jakarta as the company desired - as a shallow and superficial means and reason to hold back my dues.
Had he paid me the salary - would he have been in a position to hold back anything??
So I think, this was a conscious and contemplated move!!
Any suggestions please. Will appreciate if I can reach across personally too.
I reside in Powai - Mumbai.
Thank you all for this long read.
Much appreciated
Cyalexko
Sincerely looking for some direction, advice and even possible representation - in regard to recovery of dues from my employer.
Please excuse this rather long essay of my grievance.
I was working for this company for just over two years and all through that period the salaries were not being paid in time. However he has for the past few months (from nov'17 until Feb'18) not been paying me. I work as the international business head for the company looking into South East region. In my last recent trip to Jakarta which was for 3 weeks, I returned back on feb 10th and resigned on 13th FEB - indicating the same on whatsapp which he read and responded saying he will meet me and discuss. On meeting him two days letter he refused to take my resignation letter and asked to meet again the next week when he thinks of the appropriate transition process. The second meeting never happened and through a series of messages on whats app and some on email (emails were never responded to) - that went back and forth, I eventually received my resignation letter submitted this feb only a couple of days ago. The reason I am writing this on here is that the resignation letter came with a very strange comment - which to quote is “your resignation accepted from 13th Feb 2018 as communicated to me. Also since you were not in a position to be in Indonesia till March as desired by company your resignation accepted with 3 months notice pay deduction - unquote". The reason I was unable to be in Indonesia I wrote to him in an email and now pasting the same verbatim “Your demand that I be there until March was untenable as first and foremost the visit was organized with a time span of 3 weeks. These 3 weeks as you know require very high coordination and are planned and set well before our travel with the influencers and decision makers. My staying there after 3 weeks to get immediate results as you speak of, would not help in any way as the people concerned were already met and communicated with and the fact that they being very senior and extremely busy – would not appreciate the frequent intrusions into their time and in that I would do very little to further their course of action to suit us by imposing myself on them. Secondly you had not paid me for 3 months earlier (and this was the 4th month running) and on my enquiring and asking for the salary - you so nonchalantly informed me that you have “no order bookings and no cash flow”. You did not for one moment consider that I was away for 3 weeks from home every 45 days and that I had responsibilities at home I needed to address. Your delay in paying my salary was causing extreme situations at home – and in fact I had to borrow to make ends meet due to the lack of fluidity you were causing. To run a home without salary for close to 4 months - in spite of working and not receiving any monetary gain is highly demoralizing. But you were not worried in the least for me. But I was and I needed to be home. Thirdly you reduced the daily allowance from 125 dollars to 80 dollars (without even informing me) and upon my insistence and also to your knowledge of that sum being insufficient you raised it to 100 dollars. Over the last 6 months you have accompanied me on every trip for a week and you are aware that taxis cost around 700,000 thousand rupiah (55 dollars approx) itself. The remaining 45 dollars would just about with caution suffice for all other expenses. Considering your recent attitude of so dismissively suggesting that 80 dollars would suffice – I was not going to put myself in a situation for any unspecified length of time with highly limited resources wherein for some emergency in a foreign country as was the case in Thailand - I would not have the basic resources to fall back on.
Also for the fact that in spite of working for you and traveling for work and in spite of me asking you many times to insure me for my travels – you did not do the needful. You asked me to pay the premium of 25000 from my end and have it reimbursed from you. It was definitely not what a considerate owner would do. Considering the past and my history with you, I would have waited months for the amount. So though the above points are included they are by no means limited to my decision to resign and that’s why when I came back on Feb 10th – I resigned on 13th February after due deliberation.
In between all of this He was also communicating to me that handover needed to be done first to settle my dues. This he said is a “must” for my dues to be settled. I clearly asked him what the connection was and that it was not correct, as settling my previous month’s salaries of November and December 17 and of January 18 had no bearing on the handover, as handover is initiated once, one resigns and this I did only in February 2018. So how was my dues connected to handover?????
However the handover process has been completed and in spite and irrespective of all that was transpiring I have provided a very detailed and comprehensive handover.
My contract states a 3 month notice period.
My issue is that he says he will not pay me all my dues but will deduct 3 months advance notice as (mentioned in his comment on my resignation) and in his doing this I believe he did it with malicious intent cause - He did not pay me from November onward until Feb.
When it suited him he used the backup on pending salary mentioning my inability to continue in Jakarta as the company desired - as a shallow and superficial means and reason to hold back my dues.
Had he paid me the salary - would he have been in a position to hold back anything??
So I think, this was a conscious and contemplated move!!
Any suggestions please. Will appreciate if I can reach across personally too.
I reside in Powai - Mumbai.
Thank you all for this long read.
Much appreciated
Cyalexko