A manager working in a private concern was asked to resign by the management. As instructed, the manager also resigns and asks for his pending salary. However, even after 20 days from the ordinary payday, the management has not given him the payment. What is the remedy for the manager to get back his salary.
From Netherlands
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From Netherlands
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Dear Amadhan72,
Management should not impugn pestering employees to resign. Guilt may be intentional or unintentional, but once the employer has decided to terminate his services, they should relieve him with Full & Final Settlement. Now it is understood as a dispute; henceforth, the employee must have de rigueur material (emails sent to management regarding his salary, any letters provided by the employer stating his relieving, his salary drawn till the month, date of duties attended, etc.) by which he can send a letter asking them to release their F & F in a Registered post with AD. The acknowledgment speaks for itself. For redressal, the employee may approach a Labour Commissioner's office located in the area close to the place of employment. The person shall be given an application where compulsory information has to be furnished with all document copies related to the employer (along with the AD letter). The Conciliation officer will visit the management and speak to them to redress the grievance. In most cases I've seen, 85% of cases are resolved.
The farthest point is the Manager can simply find another job if he has the rest of the certificates (relieving, experience, etc.) instead of showing grievances against the company.
Points to remember:
- Any employee, when "ASKED TO LEAVE," has all rights to question the employer instead of resigning blindly. It is out of the ordinary if the Manager is held responsible for any activity against his terms of employment.
- Conduct nominal research to determine whether such assertions are made only to him or if any other employees are filing complaints against the said employer.
- Decide whether you want to go legal for any punitive damages caused to you due to intentional termination -- Be the best judge yourself.
From India, Visakhapatnam
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995Management should not impugn pestering employees to resign. Guilt may be intentional or unintentional, but once the employer has decided to terminate his services, they should relieve him with Full & Final Settlement. Now it is understood as a dispute; henceforth, the employee must have de rigueur material (emails sent to management regarding his salary, any letters provided by the employer stating his relieving, his salary drawn till the month, date of duties attended, etc.) by which he can send a letter asking them to release their F & F in a Registered post with AD. The acknowledgment speaks for itself. For redressal, the employee may approach a Labour Commissioner's office located in the area close to the place of employment. The person shall be given an application where compulsory information has to be furnished with all document copies related to the employer (along with the AD letter). The Conciliation officer will visit the management and speak to them to redress the grievance. In most cases I've seen, 85% of cases are resolved.
The farthest point is the Manager can simply find another job if he has the rest of the certificates (relieving, experience, etc.) instead of showing grievances against the company.
Points to remember:
- Any employee, when "ASKED TO LEAVE," has all rights to question the employer instead of resigning blindly. It is out of the ordinary if the Manager is held responsible for any activity against his terms of employment.
- Conduct nominal research to determine whether such assertions are made only to him or if any other employees are filing complaints against the said employer.
- Decide whether you want to go legal for any punitive damages caused to you due to intentional termination -- Be the best judge yourself.
From India, Visakhapatnam
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Dear All,
Regular follow-up every 15 days through emails, addressing the management with a CC copy to HR and Accounts departments for future proof.
Regular calls to HR and Accounts to know the status, whether receiving or not receiving the response through either mail from the company.
Keep the xerox copy of the exit formalities with you, which are duly signed by each individual department against the handing over of the office property, hence there would not be any sort of manipulation in the document.
Take the relieving letter from the company before leaving the office premises.
Thanks and Regards,
SAI
From India, Hyderabad
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Regular follow-up every 15 days through emails, addressing the management with a CC copy to HR and Accounts departments for future proof.
Regular calls to HR and Accounts to know the status, whether receiving or not receiving the response through either mail from the company.
Keep the xerox copy of the exit formalities with you, which are duly signed by each individual department against the handing over of the office property, hence there would not be any sort of manipulation in the document.
Take the relieving letter from the company before leaving the office premises.
Thanks and Regards,
SAI
From India, Hyderabad
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Ms Sharmila, The manager who is not a workmen cannot approach Conciliation officer.If his salary is above Rs 18000/pm he won’t get the benefit of POW Act also. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hi Preeti,
The Payment of Wages (POW) Act has provisions for recovering unpaid wages, but it does not apply to wages exceeding Rs 18,000 per month, i.e., to individuals earning above that salary threshold. Such individuals are unable to take legal action against their employers under labor laws. Similarly, managerial personnel are not covered under most labor laws, except for provisions such as gratuity, Provident Fund (PF), bonus under Factories Acts. The only recourse available to them in case of a breach of contract by the employer is through civil courts.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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The Payment of Wages (POW) Act has provisions for recovering unpaid wages, but it does not apply to wages exceeding Rs 18,000 per month, i.e., to individuals earning above that salary threshold. Such individuals are unable to take legal action against their employers under labor laws. Similarly, managerial personnel are not covered under most labor laws, except for provisions such as gratuity, Provident Fund (PF), bonus under Factories Acts. The only recourse available to them in case of a breach of contract by the employer is through civil courts.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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