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.
From India, Mumbai
Acknowledge(0)
Amend(0)
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.
From India, Mumbai
Acknowledge(0)Amend(0)
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.
Conclusion
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
From India, Kolhapur
Acknowledge(3)Amend(0)
244Conclusion
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
From India, Kolhapur
Acknowledge(3)Amend(0)
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
From India, Bangalore
Acknowledge(1)Amend(0)
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
From India, Bangalore
Acknowledge(1)Amend(0)
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
From India, Mumbai
Acknowledge(0)Amend(0)
Regards,
Dixit
From India, Mumbai
Acknowledge(0)Amend(0)
My boss called me yesterday and spoke to me for half an hour, agreeing to give me my pending salary cheque. I emailed him in a very polite way, stating that if no further action is taken within three days, I may proceed with legal action. He is ready now.
Seeking Advice on Legal Action
Thank you so much for the prompt reply. I was not working at the factory; I worked at a 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 reputable MNC. I am concerned about whether my actions might affect my current job as well.
I have hired a lawyer for this matter. He suggested that I should first send a very strong, firm email, stating that if no action is taken now, I will have to pursue legal actions against them.
However, I am very confused about how to write and what to write politely so that they will understand my problem. Please suggest.
Regards,
Dixit.
From India, Mumbai
Acknowledge(0)Amend(0)
Seeking Advice on Legal Action
Thank you so much for the prompt reply. I was not working at the factory; I worked at a 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 reputable MNC. I am concerned about whether my actions might affect my current job as well.
I have hired a lawyer for this matter. He suggested that I should first send a very strong, firm email, stating that if no action is taken now, I will have to pursue legal actions against them.
However, I am very confused about how to write and what to write politely so that they will understand my problem. Please suggest.
Regards,
Dixit.
From India, Mumbai
Acknowledge(0)Amend(0)
Addressing Employment Concerns and Salary Deductions
As you have already left your job by referring to the clause in your appointment letter that allows you (as a Trainee) to do so, and where resignation formalities are not compulsory (unless specified by any clause in the appointment letter), there is no need to worry about any negative impact on your current job.
And Ms. Dixit, I hope there is nothing wrong on your end, and you have handed over the properties that were in your possession and the work you were assigned properly at the time of leaving. It is advisable to inform them about this by writing an email, which can be very helpful in such matters.
Regarding your salary, you are entitled to receive payment for every single day you spent with them, regardless of whether you were on training (trainee), probation, or permanent employment (unless specified otherwise in the terms of employment and salary under any clause in the appointment letter, agreed upon by both parties). Otherwise, they have no right to deduct the salary for this period. Since they have deducted and denied giving you your salary, you should immediately write a letter to them, also marking a copy to your Regional Labour Commissioner/Officer, and send it by Registered AD. "You just have to write to them for your deducted salary and request your experience and relieving letter."
You should also meet the Labour Officer/Commissioner personally (if possible) with copies of all communications/correspondence you have had with them so far, along with the Appointment/Joining Letter, Salary Slips, and any written responses from your employer.
Strategic Approach for Resolution
Thirdly, I would not suggest taking the help of a lawyer or sending any rude emails to your past employer, as this would not be a wise action. Mr. Kulkarni is right, and you should follow his suggestion. Instead of showing anger and feeling the need to teach them a lesson through legal means, you need to be wise, strategic, and follow the procedure to get your money back. Focus on your current job, which seems to be satisfying you presently. Legal proceedings are time-consuming and expensive, and I don't think you should pursue that option.
Maintaining Professional Boundaries
DO NOT MIX YOUR PAST WITH THE PRESENT. You don't need to share or discuss these issues with your colleagues or anyone at your current employer, nor should you let your past employer know about your current employment. By doing this, you can prevent any negative impact from your past employer on your present job.
Regards.
From India, Gurgaon
Acknowledge(1)Amend(0)
As you have already left your job by referring to the clause in your appointment letter that allows you (as a Trainee) to do so, and where resignation formalities are not compulsory (unless specified by any clause in the appointment letter), there is no need to worry about any negative impact on your current job.
And Ms. Dixit, I hope there is nothing wrong on your end, and you have handed over the properties that were in your possession and the work you were assigned properly at the time of leaving. It is advisable to inform them about this by writing an email, which can be very helpful in such matters.
Regarding your salary, you are entitled to receive payment for every single day you spent with them, regardless of whether you were on training (trainee), probation, or permanent employment (unless specified otherwise in the terms of employment and salary under any clause in the appointment letter, agreed upon by both parties). Otherwise, they have no right to deduct the salary for this period. Since they have deducted and denied giving you your salary, you should immediately write a letter to them, also marking a copy to your Regional Labour Commissioner/Officer, and send it by Registered AD. "You just have to write to them for your deducted salary and request your experience and relieving letter."
You should also meet the Labour Officer/Commissioner personally (if possible) with copies of all communications/correspondence you have had with them so far, along with the Appointment/Joining Letter, Salary Slips, and any written responses from your employer.
Strategic Approach for Resolution
Thirdly, I would not suggest taking the help of a lawyer or sending any rude emails to your past employer, as this would not be a wise action. Mr. Kulkarni is right, and you should follow his suggestion. Instead of showing anger and feeling the need to teach them a lesson through legal means, you need to be wise, strategic, and follow the procedure to get your money back. Focus on your current job, which seems to be satisfying you presently. Legal proceedings are time-consuming and expensive, and I don't think you should pursue that option.
Maintaining Professional Boundaries
DO NOT MIX YOUR PAST WITH THE PRESENT. You don't need to share or discuss these issues with your colleagues or anyone at your current employer, nor should you let your past employer know about your current employment. By doing this, you can prevent any negative impact from your past employer on your present job.
Regards.
From India, Gurgaon
Acknowledge(1)Amend(0)
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
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you all very much.
Regards,
Dixit
From India, Mumbai
Acknowledge(0)Amend(0)
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.
Ethical Considerations
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.
Practical Implications
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.
Problem Resolution Strategy
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.
Regards,
TS
From India, Hyderabad
Acknowledge(1)Amend(0)
Ethical Considerations
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.
Practical Implications
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.
Problem Resolution Strategy
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.
Regards,
TS
From India, Hyderabad
Acknowledge(1)Amend(0)
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
From India, Indore
Acknowledge(0)Amend(0)
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
From India, Indore
Acknowledge(0)Amend(0)
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.
Seeking advice on salary recovery
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
From India, Indore
Acknowledge(0)Amend(0)
Seeking advice on salary recovery
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
From India, Indore
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Salary Break up - After deduction.xls
Responsibilitie s of person who is responsible for deduction of TDS on salary.docx