Hi All,
I am Aakanksha, a new member of this community. In my previous company, I was on leave for 10 days because of my marriage. I asked my boss repeatedly for my salary, but he didn't provide it due to financial issues in the company. Consequently, I resigned from the company and inquired about the notice period duration, despite providing phone support to the new HR personnel. Subsequently, my previous boss terminated me without any notice. Now, after two months, he still has not paid me my salary. I seek your suggestions on this matter. Please help me out.
Thanks,
Aakanksha
From India, Delhi
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I am Aakanksha, a new member of this community. In my previous company, I was on leave for 10 days because of my marriage. I asked my boss repeatedly for my salary, but he didn't provide it due to financial issues in the company. Consequently, I resigned from the company and inquired about the notice period duration, despite providing phone support to the new HR personnel. Subsequently, my previous boss terminated me without any notice. Now, after two months, he still has not paid me my salary. I seek your suggestions on this matter. Please help me out.
Thanks,
Aakanksha
From India, Delhi
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Dear Aakanksha,
When you have decided to leave the company, have you given the formal resignation letter to your boss? If yes, then he cannot terminate you. He can relieve you with immediate effect. If you did not give the resignation, in that case, he has to send the absconding letter to you and then the termination letter. What is mentioned in your appointment letter regarding the resignation or Termination? Either you have to serve the notice period or give the salary in lieu of the notice period. The same condition would be applicable to the company; either they have to give the notice or pay in lieu of the notice period. On the same ground, you have to discuss your case with your boss.
AMATYA
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4When you have decided to leave the company, have you given the formal resignation letter to your boss? If yes, then he cannot terminate you. He can relieve you with immediate effect. If you did not give the resignation, in that case, he has to send the absconding letter to you and then the termination letter. What is mentioned in your appointment letter regarding the resignation or Termination? Either you have to serve the notice period or give the salary in lieu of the notice period. The same condition would be applicable to the company; either they have to give the notice or pay in lieu of the notice period. On the same ground, you have to discuss your case with your boss.
AMATYA
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Thank you for your suggestions, AMATYA. Actually, I sent my resignation through mail and mentioned that I am ready to serve the notice period. However, within 5 minutes, I received my termination mail. I never received any papers regarding this. I believe I can file a case against the company because their behavior is not good at all.
From India, Delhi
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From India, Delhi
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Hi Aakanksha,
My suggestion is to talk to your boss and ask him to pay the salary in lieu of notice period as he has terminated you. If he refuses to do it, send a letter (hard copy through Registered AD POST) to him quoting the paragraph mentioned in the appointment letter regarding termination and ask for the salary to be paid as he has terminated you from the services as per the email dated ..............
Mark CC to the Director of the Company and the senior management. All the copies have to be sent through Registry post. In all copies, you have to provide your contact details with a phone number.
At least 3 letters have to be sent to them with an interval of 20-25 days. After that, you can sue the company.
AMATYA
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My suggestion is to talk to your boss and ask him to pay the salary in lieu of notice period as he has terminated you. If he refuses to do it, send a letter (hard copy through Registered AD POST) to him quoting the paragraph mentioned in the appointment letter regarding termination and ask for the salary to be paid as he has terminated you from the services as per the email dated ..............
Mark CC to the Director of the Company and the senior management. All the copies have to be sent through Registry post. In all copies, you have to provide your contact details with a phone number.
At least 3 letters have to be sent to them with an interval of 20-25 days. After that, you can sue the company.
AMATYA
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Salary-Note.doc