Dear Sir, I was working with an MNC (Germany-based) and was posted in Ahmedabad, Gujarat, as a Sr. Executive in Customer Service and BD (not in a factory).
Following is the information for your reference:
- **Date of Joining:** 09th Feb 12
- **Date of Resignation:** 01st Nov 12
- **Last Working Day:** 02 Nov 12
Due to internal conflict within the management, I decided to resign from my position and accordingly sent my resignation (via mail) to the Director. The next day, he accepted my resignation and decided my last working day as 02 Nov. On short notice, I handed over all my responsibilities, and on the last day, I obtained the signatures of all concerned on my handing-over note.
As per company policy, I had given a 15-day notice period to the company, but management decided to relieve me early. I have a hard copy of the same.
As per company policy, they are supposed to give me an incentive every quarter. However, in my 16-month job, they paid me only one quarter's incentive. On the last day, my manager agreed that he would give the incentive percentage to the accounts department for payment, and he did so on 25 Mar 12, confirming it to me over the phone.
When I followed up with the HR department, they told me that, as per my records, my case is still under probation, and their system would not release the payment automatically. From my side, the file remains closed.
I have already written emails to the MD and Director HR to give me the date; however, they have not replied to my emails, but when I send SMS, they respond through SMS.
Now my query is:
1. Can the company hold my salary for the month of Nov? Please quote under which law and section.
2. It was the management's decision to relieve me before the notice period. How many days can they take to pay me the salary and F&F amount? Please quote under which law and section.
3. Can I ask them to pay me interest at 18% or more for the salary that was not paid on 31 Nov?
4. Which laws govern the MNCs in India for the payment of wages or salary to Managers?
5. Can the company hold my payment for the month and pay me with my F&F amount after the notice period is over, which is 01 Nov 12? However, my last working day with the company was 02 Nov 12.
6. Can I accuse them of harassment for not paying my salary on time, and to what extent?
In the appointment letter, they have not mentioned anything about the issues I have raised, other than an arbitration clause.
You are requested to guide me on how to proceed further.
Regards,
From India, Ahmedabad
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Following is the information for your reference:
- **Date of Joining:** 09th Feb 12
- **Date of Resignation:** 01st Nov 12
- **Last Working Day:** 02 Nov 12
Due to internal conflict within the management, I decided to resign from my position and accordingly sent my resignation (via mail) to the Director. The next day, he accepted my resignation and decided my last working day as 02 Nov. On short notice, I handed over all my responsibilities, and on the last day, I obtained the signatures of all concerned on my handing-over note.
As per company policy, I had given a 15-day notice period to the company, but management decided to relieve me early. I have a hard copy of the same.
As per company policy, they are supposed to give me an incentive every quarter. However, in my 16-month job, they paid me only one quarter's incentive. On the last day, my manager agreed that he would give the incentive percentage to the accounts department for payment, and he did so on 25 Mar 12, confirming it to me over the phone.
When I followed up with the HR department, they told me that, as per my records, my case is still under probation, and their system would not release the payment automatically. From my side, the file remains closed.
I have already written emails to the MD and Director HR to give me the date; however, they have not replied to my emails, but when I send SMS, they respond through SMS.
Now my query is:
1. Can the company hold my salary for the month of Nov? Please quote under which law and section.
2. It was the management's decision to relieve me before the notice period. How many days can they take to pay me the salary and F&F amount? Please quote under which law and section.
3. Can I ask them to pay me interest at 18% or more for the salary that was not paid on 31 Nov?
4. Which laws govern the MNCs in India for the payment of wages or salary to Managers?
5. Can the company hold my payment for the month and pay me with my F&F amount after the notice period is over, which is 01 Nov 12? However, my last working day with the company was 02 Nov 12.
6. Can I accuse them of harassment for not paying my salary on time, and to what extent?
In the appointment letter, they have not mentioned anything about the issues I have raised, other than an arbitration clause.
You are requested to guide me on how to proceed further.
Regards,
From India, Ahmedabad
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What do you mean by “Due to internal conflict between management I had decided to resign”? How can any management concern or conflict bother you and force you to resign from your position while you were just posted as a Sr. Executive, not at a big management role? PLEASE EXPLAIN.
Second, there is a big conflict with the Appointment Letter (dated 07.11.2012) that you have attached and your stated dates of appointment and working. As per the appointment letter, you joined this company on 7 Nov 2012, and today is 16th November 2012, which means you were under probation where clause #2.0 of DOJ applies. But you said that you resigned from this company on 1st November 2012 before your joining as per the Appointment Letter dated 7th November 2012, which it seems has been wrongly attached by you. PLEASE EXPLAIN.
Further, I believe the member will be able to give you responses after your explanation on the same.
From India, Gurgaon
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671Second, there is a big conflict with the Appointment Letter (dated 07.11.2012) that you have attached and your stated dates of appointment and working. As per the appointment letter, you joined this company on 7 Nov 2012, and today is 16th November 2012, which means you were under probation where clause #2.0 of DOJ applies. But you said that you resigned from this company on 1st November 2012 before your joining as per the Appointment Letter dated 7th November 2012, which it seems has been wrongly attached by you. PLEASE EXPLAIN.
Further, I believe the member will be able to give you responses after your explanation on the same.
From India, Gurgaon
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Legal Notice for Breach of Notice Period .docx
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