Hi friends,
Can anyone please advise me in getting my last month salary with my past employer:
I joined a company in Pune on 06-Oct-16 for 30k take home a month on Bond for 1yr agreement or Rs 25000 for breaking -
Other then that they also emailed me a document by e-mail and asked me to accept it (i accepted it, but in that doc. they have mentioned that "they will not pay salary for last month if will be terminated by them before 3 months)
But from the DOJ I noticed that they always use vernacular words in emails like "Stupid" "Bullshit" "bloody" and respecting employee's is not there -
I got my 1st month salary on 30-Oct (for working days till 24-Oct) and I continued my employment on 21-Nov again I got such an e-mail from my reporting person -
I attached 3 of such emails from 3 persons (GM, MD & MD) and instructed them "Everyone Deserves Dignity" - but to that email they replied that my resignation accepted. And the HR in the office forced me to go out immediately - and I left the office (while sending out I asked for the agreement that I signed, HR showed me the agreement and wrote that something like "employee terminated no liabilities" and they kept it with them.
Today is my salary date I didn't receive my.
1) I was not resigning my job.
2) I was pointing out their mistakes in communication and asked them to correct it.
3) They suddenly replied that "they accept my resignation and forced to leave the office on my last working day.
4) Now they are not paying my last month salary..
5) Kindly help me..
Thanks to All!
From India, Namakkal
Can anyone please advise me in getting my last month salary with my past employer:
I joined a company in Pune on 06-Oct-16 for 30k take home a month on Bond for 1yr agreement or Rs 25000 for breaking -
Other then that they also emailed me a document by e-mail and asked me to accept it (i accepted it, but in that doc. they have mentioned that "they will not pay salary for last month if will be terminated by them before 3 months)
But from the DOJ I noticed that they always use vernacular words in emails like "Stupid" "Bullshit" "bloody" and respecting employee's is not there -
I got my 1st month salary on 30-Oct (for working days till 24-Oct) and I continued my employment on 21-Nov again I got such an e-mail from my reporting person -
I attached 3 of such emails from 3 persons (GM, MD & MD) and instructed them "Everyone Deserves Dignity" - but to that email they replied that my resignation accepted. And the HR in the office forced me to go out immediately - and I left the office (while sending out I asked for the agreement that I signed, HR showed me the agreement and wrote that something like "employee terminated no liabilities" and they kept it with them.
Today is my salary date I didn't receive my.
1) I was not resigning my job.
2) I was pointing out their mistakes in communication and asked them to correct it.
3) They suddenly replied that "they accept my resignation and forced to leave the office on my last working day.
4) Now they are not paying my last month salary..
5) Kindly help me..
Thanks to All!
From India, Namakkal
If am not clear in my query - please mention on details required I will provide further - thanks!
From India, Namakkal
From India, Namakkal
See there can be many things done :-
1) File a Civil Case against organisation for Tort of Defamation or Slander. As they use such words against you with an intention to defame. Though you cannot file a FIR as this will be a very weak case of Criminal Defamation under Indian Penal Code. So file a civil case.
2) File a Civil Case for Breach of Contract. As they have put an end to your employment without reasonable grounds.
3) As your salary suggest you were in some what managerial post. Also your employment was not old, labour department cannot help you much under Payment of Wages Act or Shops and Establishment Act. But see if you were eligible for PF, whether they submitted your contribution. if not you can approach the PF department. See in eligibility of PF and ESI in website below.
4) Another way is to file a criminal case on your company for cheating. This is a long shot but works. As your wages are your property and they showed there intention to not to pay. So they have wrongful gain and you suffer wrongful loss.
From India, Kolkata
1801) File a Civil Case against organisation for Tort of Defamation or Slander. As they use such words against you with an intention to defame. Though you cannot file a FIR as this will be a very weak case of Criminal Defamation under Indian Penal Code. So file a civil case.
2) File a Civil Case for Breach of Contract. As they have put an end to your employment without reasonable grounds.
3) As your salary suggest you were in some what managerial post. Also your employment was not old, labour department cannot help you much under Payment of Wages Act or Shops and Establishment Act. But see if you were eligible for PF, whether they submitted your contribution. if not you can approach the PF department. See in eligibility of PF and ESI in website below.
4) Another way is to file a criminal case on your company for cheating. This is a long shot but works. As your wages are your property and they showed there intention to not to pay. So they have wrongful gain and you suffer wrongful loss.
From India, Kolkata
Thanks a Lot sir/madam, your suggestion was little comforting, will take my further efforts and update here here.
From India, Namakkal
From India, Namakkal
Sir even though I was paid 30k they gave me designation only as a "Accounts Executive" (bcz it was the same in my previous employment)
From India, Namakkal
From India, Namakkal
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Resignation Letter.jpg
Resignation cum relieving letter.doc