Hello Everyone, I am facing an issue which I would like to discuss here. I left the company on the 6th of June 2013, and in the same year, I was promoted to the rank of Deputy Manager effective from April 2013. I also received my performance assessment rating for the year 2012-13.
However, until the time I was on the payrolls (i.e., June 2013), the pay-scale revision for the year 2012-13 had not been announced. It was only announced somewhere in July, with arrears of the pending months. Therefore, I have not received the increased amount and promotion appraisal for those months.
As far as I understand, I am entitled to receive the same for the months of April, May, and June. Can anyone please guide me about my problem, as the company is saying it is part of their policy not to provide it?
Please help.
From India, Delhi
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However, until the time I was on the payrolls (i.e., June 2013), the pay-scale revision for the year 2012-13 had not been announced. It was only announced somewhere in July, with arrears of the pending months. Therefore, I have not received the increased amount and promotion appraisal for those months.
As far as I understand, I am entitled to receive the same for the months of April, May, and June. Can anyone please guide me about my problem, as the company is saying it is part of their policy not to provide it?
Please help.
From India, Delhi
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Have you spoken with the HR Department? What is their take on the payment of arrears to you? After speaking to them, I recommend you send your application by Registered Post/AD. Preserve the receipt from India Post carefully. By the way, have you received the "No Due cum Employment Certificate" from them? Proceed with this only after obtaining the certificate.
If no reply is received or the reply was not to your satisfaction, you may write a letter to the MD following the same procedure mentioned above. If still no reply is received or the reply was not satisfactory, you may consider sending a lawyer's notice. Your lawyer will further guide you on what steps to take.
Nevertheless, before approaching your lawyer, it would be pertinent to keep your current employers informed. You may seek advice from your current HR as well. This is because your current HR or employer may view your legal dispute with your previous employer negatively. Additionally, pursuing litigation means investing time in multiple visits to the labor court. Are you prepared for that?
Return after 2-3 months and confirm how you have handled this issue. All the best!
Dinesh V Divekar
From India, Bangalore
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8072If no reply is received or the reply was not to your satisfaction, you may write a letter to the MD following the same procedure mentioned above. If still no reply is received or the reply was not satisfactory, you may consider sending a lawyer's notice. Your lawyer will further guide you on what steps to take.
Nevertheless, before approaching your lawyer, it would be pertinent to keep your current employers informed. You may seek advice from your current HR as well. This is because your current HR or employer may view your legal dispute with your previous employer negatively. Additionally, pursuing litigation means investing time in multiple visits to the labor court. Are you prepared for that?
Return after 2-3 months and confirm how you have handled this issue. All the best!
Dinesh V Divekar
From India, Bangalore
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I would disagree. You will not get this amount, and the litigation would be a waste of time and money. The company is free to increase the salary of any person working for it or not. There is no law requiring it to be done. There is no law saying that an annual increment must be paid or that it has to be paid with effect from a certain date. It is the decision and wish of the company to do so or to do it with effect from a particular date.
You have resigned. The company is not bothered with you once you have resigned. They know you are not going to stay. So why will they give you an increment, which is basically a tool for retaining people they want?
The only difference would be:
A. If they have given you a letter saying your salary is revised
B. That it states that your revision is with effect from a certain date
C. That it will be paid with arrears.
Even if you had that letter, the company can refuse to pay it. HR has already informed you that they will not pay. I doubt if the MD will say anything different.
From India, Mumbai
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You have resigned. The company is not bothered with you once you have resigned. They know you are not going to stay. So why will they give you an increment, which is basically a tool for retaining people they want?
The only difference would be:
A. If they have given you a letter saying your salary is revised
B. That it states that your revision is with effect from a certain date
C. That it will be paid with arrears.
Even if you had that letter, the company can refuse to pay it. HR has already informed you that they will not pay. I doubt if the MD will say anything different.
From India, Mumbai
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I also second Banerjee. The company promoted you in April 2013, and then you left the company within three months of your promotion. Now, you want a salary hike. Most companies increase salaries to retain or sustain employees, matching the prevailing market rates for the designated job profile. If the employee is no longer with the company, the employer is not obligated to provide the hike.
Considerations Before Pursuing a Salary Hike
One question to consider is, if the salary hike exceeds your current salary, would you leave your current job and rejoin? If not, then why the fuss? Lastly, for a small amount, would you want to hire a lawyer and invest your time and money in pursuing this hike? Think carefully before taking action; that's our suggestion.
From India, Ahmadabad
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Considerations Before Pursuing a Salary Hike
One question to consider is, if the salary hike exceeds your current salary, would you leave your current job and rejoin? If not, then why the fuss? Lastly, for a small amount, would you want to hire a lawyer and invest your time and money in pursuing this hike? Think carefully before taking action; that's our suggestion.
From India, Ahmadabad
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Sample Arrears Sheet.xls
NO ESI ON ARREARS ( ESI EMPLOYER GUIDE )[1].pdf