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Author Topic: Employer Not Releasing Last Months Salary I Worked ! Please HELP  (Read 92 times)

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Offline Working human

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Employer Not Releasing Last Months Salary I Worked ! Please HELP
« on: November 13, 2016, 09:53:50 AM »
Dear sir

I am working in a design house named Impact creative services Pvt.ltd.for the last one year. From last

month the employer getting ferocious with me any time with least good cause. On 27th of October I was

absent for an emergency and I didn't call the boss. Every absenteeism is non payable here.
On other day when I enter the office I saw a new man working on my desk. Boss said you are terminated

and leave now. **
Below is from my joining letter --
You or the company may terminate the services under this appointment without
assigning any reason thereof by giving one month’s notice or an amount equal to one month’s basic salary

in lieu of notice period to the other party.

when I remind him about that he said ok from this day you are on notice period, you can come one month

just sit anywhere in the office don't work and after notice period I will give you the salary.I told him

that this will be very embarrassing for me and he replied me that I deserved that. Then I asked him to

give me a written notice and he agreed after using some arguments. I waited two hours but he left the

office without giving me that notice and I also left the office bothering embarrassment.
On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct.
Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I

said to you,you will get your previous salary else you will give me your resignation letter.I told him

that I don't want to do that.I asked him politely that I don't want the money without working but just

for sitting. so please give me my previous month's salary and give me realise letter from my duties. but

he abused and put down the phone.after that day he never taking my phone still now.
 Is there any hope to get my hard earned salary back and I do want to workin my new company. I will do

anything for that.
please respond ASAP and Please help me out.

**It's a conspiracy against me.The reason of my termination is - The company is an exhibition stall

design company and I work here as a 3d designer. The my boss started a interior company side by side at

the same office/room. He appointed a new guy who is an interior designer and who can do 3d design also.

I don't know Interior So after 11 months of hard work I become useless. And may be he started

interviewing before one or two month ago.
He repeatedly shouting and abusing me on some little mistakes since then. May be he wants me to leave by

my self and he can claim the money.

I have a voice recording of my Boss also in case need for evidence. which clears that they sack me.

It will be great if you can enlighten me

Do I need to pay for notice period when company sack me and I don't want to serve?
Resignation or notice period which comes first by law?
Do I have to go for general diary to go before a labour inspector?
If I go to court what are the chances of win?

Thanks and regards
Biswajit Chakraborty


Offline riteshmaity

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Re: Employer Not Releasing Last Months Salary I Worked ! Please HELP
« Reply #1 on: November 21, 2016, 08:39:09 PM »
On the face, your termination seems to be 'illegal' irrespective of the conditions as stipulated in your letter of appointment. You could have challenged such illegal termination but since you have already joined a new service, I personally feel that there is no requirement to challenge the termination anymore as it is incur legal expenses and time.

Regarding your outstanding salary, demand the salary from your ex employer in writing (send the letter through speed/ registered post) or through a legal notice by an advocate. If the company does not pay the salary in spite of such demand/ legal notice, then you have to approach the appropriate forum/ court in order to recover the same.
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Offline riteshmaity

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Re: Employer Not Releasing Last Months Salary I Worked ! Please HELP
« Reply #2 on: November 21, 2016, 08:44:19 PM »
Do I need to pay for notice period when company sack me and I don't want to serve?
If the company terminates you, then the company has to give notice pay in lieu of notice period.
If you tender resignation without serving the notice period, then you are supposed to pay the amount equivalent to the notice period to the company.


Resignation or notice period which comes first by law?
E.g. if there is two months notice period, then you have to give your resignation in two months advance.

Do I have to go for general diary to go before a labour inspector?
General diary is not required. If you want to recover the outstanding wages, follow the route mentioned above in my earlier post.

If I go to court what are the chances of win?
Apparently it seems you have a good case. However, since your salary is due only for one month, you have to reconsider the amount of salary with the legal cost and time you have to spend fighting a case. However, a legal notice might help.
Linkedin - https://in.linkedin.com/in/riteshmaity
Labour law blog - www.labourlawhub.com
Email - ritesh.k.maity***at***gmail.com
Phone - 91-983-667-9309

 

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