Hi Seniors,
I am working at Printing & Logistics Pvt Ltd for 8 months; it is a Singapore-based company. I joined as an HR Administrator and worked for a couple of months. After a misunderstanding with my management, I did not want to continue in that department. Therefore, I moved to another department as a Customer Coordinator. At that time, I requested a salary increase of Rs. 4,500/-, which was accepted. However, I did not receive any formal documentation such as an increment letter or appointment letter. I only received an email stating my gross salary in May '07. From June to September '07, I received the increased amount. Subsequently, they deducted Rs. 4,500/- from my salary, which I did not agree to, but they reimbursed it in my October '07 salary.
I am considering legal action (Labour Court) regarding this matter. Could you please provide some advice on this? This is very urgent!
Siva
From India, Madras
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I am working at Printing & Logistics Pvt Ltd for 8 months; it is a Singapore-based company. I joined as an HR Administrator and worked for a couple of months. After a misunderstanding with my management, I did not want to continue in that department. Therefore, I moved to another department as a Customer Coordinator. At that time, I requested a salary increase of Rs. 4,500/-, which was accepted. However, I did not receive any formal documentation such as an increment letter or appointment letter. I only received an email stating my gross salary in May '07. From June to September '07, I received the increased amount. Subsequently, they deducted Rs. 4,500/- from my salary, which I did not agree to, but they reimbursed it in my October '07 salary.
I am considering legal action (Labour Court) regarding this matter. Could you please provide some advice on this? This is very urgent!
Siva
From India, Madras
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Actually I have the email, but they did not give any kind of letter. But it is a MNC. I think they suppose to give appointment letter, but they did not provide any to one.
From India, Madras
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From India, Madras
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Hi,
First of all, clear your misunderstanding with the management. Going to court is a time-consuming and lengthy process, and yes, it costs money. Try to convince your seniors and solve the problem. Be positive.
Lastly, write a letter stating the facts with a cc to the Assistant Commissioner of Labour. You cannot directly approach the labor court; you have to go through the labor office.
Regards,
Kamlesh K
From India, Mumbai
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3First of all, clear your misunderstanding with the management. Going to court is a time-consuming and lengthy process, and yes, it costs money. Try to convince your seniors and solve the problem. Be positive.
Lastly, write a letter stating the facts with a cc to the Assistant Commissioner of Labour. You cannot directly approach the labor court; you have to go through the labor office.
Regards,
Kamlesh K
From India, Mumbai
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Hi Shiva,
To approach the labor court, you should prove yourself as a "workman" as defined in the Industrial Disputes Act. Any person performing managerial functions will not come under this definition. If you can prove that although you are designated as an HR Administrator, you were not performing a supervisory role and no employees were reporting to you, then you can seek remedy under the Industrial Disputes Act.
If you can prove that you are a workman under the ID Act, you can straight away file a Computation Petition (CP) before the labor court under Sec 33 C(2) of the Industrial Disputes Act. As you are residing in Chennai, you can contact Mr. Franco Louis, Advocate & Notary at the following numbers:
Office: 044 25385678
Mobile: 9444015646
He will definitely show you a way out. Wish you all the best.
Thanks & Regards,
Kalyan R
From India, Madras
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To approach the labor court, you should prove yourself as a "workman" as defined in the Industrial Disputes Act. Any person performing managerial functions will not come under this definition. If you can prove that although you are designated as an HR Administrator, you were not performing a supervisory role and no employees were reporting to you, then you can seek remedy under the Industrial Disputes Act.
If you can prove that you are a workman under the ID Act, you can straight away file a Computation Petition (CP) before the labor court under Sec 33 C(2) of the Industrial Disputes Act. As you are residing in Chennai, you can contact Mr. Franco Louis, Advocate & Notary at the following numbers:
Office: 044 25385678
Mobile: 9444015646
He will definitely show you a way out. Wish you all the best.
Thanks & Regards,
Kalyan R
From India, Madras
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Dear Siva,
First, what Kamalesh had stated regarding sorting the matter out is a practical and the right approach. The court should be approached as a last resort.
Second, since you are in Management Cadre, you can directly approach the Civil Court.
Third, as proof, you can produce the email copy along with the amount credited from July to September, which is proof beyond doubt regarding your salary increase.
Fourth, you can always ask the company to explain the grounds for the deduction, which is a valid point in court. Approach a Civil Lawyer to seek remedy and advice.
Hope I was able to help you.
Regards, SC
From India, Thane
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First, what Kamalesh had stated regarding sorting the matter out is a practical and the right approach. The court should be approached as a last resort.
Second, since you are in Management Cadre, you can directly approach the Civil Court.
Third, as proof, you can produce the email copy along with the amount credited from July to September, which is proof beyond doubt regarding your salary increase.
Fourth, you can always ask the company to explain the grounds for the deduction, which is a valid point in court. Approach a Civil Lawyer to seek remedy and advice.
Hope I was able to help you.
Regards, SC
From India, Thane
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Hi Kamlesh,
For Computation Petition (CP) claiming the dues from the employer, we need not go through the Conciliation officer. We can seek remedy by filing the CP directly before the Labour Court.
Only for non-employment and other disputes (Under Sec 2A and Sec 2(k)), we have to exhaust the remedy available before the Conciliation Officer and then approach the Labour Court for relief.
In this case, there is no need to approach the conciliation officer.
As expressed by the members, approaching the court should be the last option. As Shiva is an HR Administrator, he can directly speak to the employer and settle his issue.
Moreover, it is an employees' market and opportunities are plenty. All the corporates understand this and they pamper the employees for retaining them. If the employer doesn't understand the value of human resources and has no ethics and values, there is no point in continuing.
Now Shiva has to take the call, and my best wishes to him.
Thanks & Regards,
Kalyan R
Mobile: 9840942232
From India, Madras
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For Computation Petition (CP) claiming the dues from the employer, we need not go through the Conciliation officer. We can seek remedy by filing the CP directly before the Labour Court.
Only for non-employment and other disputes (Under Sec 2A and Sec 2(k)), we have to exhaust the remedy available before the Conciliation Officer and then approach the Labour Court for relief.
In this case, there is no need to approach the conciliation officer.
As expressed by the members, approaching the court should be the last option. As Shiva is an HR Administrator, he can directly speak to the employer and settle his issue.
Moreover, it is an employees' market and opportunities are plenty. All the corporates understand this and they pamper the employees for retaining them. If the employer doesn't understand the value of human resources and has no ethics and values, there is no point in continuing.
Now Shiva has to take the call, and my best wishes to him.
Thanks & Regards,
Kalyan R
Mobile: 9840942232
From India, Madras
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Dear Mr. Kalyan,
Thank you for your valuable information. I am working in Chennai only. Currently, my designation is Sales Administrator. During this period, I received the amount demanded. At that time, there was a need for a person at our customer's place, and that's why they approached me, and I accepted. However, they have not yet sent me there, and now there is no longer a requirement from the customer's place. I have also discussed this matter with my doctor, but there has been no correct response.
I believe that once a salary is increased, it should not be reduced. Therefore, I want to take legal action to address this issue.
Thank you,
Shiva
From India, Madras
Acknowledge(0)Amend(0)
Thank you for your valuable information. I am working in Chennai only. Currently, my designation is Sales Administrator. During this period, I received the amount demanded. At that time, there was a need for a person at our customer's place, and that's why they approached me, and I accepted. However, they have not yet sent me there, and now there is no longer a requirement from the customer's place. I have also discussed this matter with my doctor, but there has been no correct response.
I believe that once a salary is increased, it should not be reduced. Therefore, I want to take legal action to address this issue.
Thank you,
Shiva
From India, Madras
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Salary Break up - After deduction.xls
Legal Clarification on Absconding & Contract Labour.pdf