Salary hold by co worker
9 months ago
My seniors asked hr to hold my salary as one of the co client delaying payment for 5 days where there is no written agreement between me and organization for the concern
A.Dear client,
Review your employment contract: While there may not be a specific written agreement between you and the organization regarding delayed payment from a client, it's important to review your employment contract. The contract may outline the terms and conditions related to salary payment, including any provisions for delays caused by external factors.
Communication with HR and seniors: Engage in open and clear communication with your HR department and seniors regarding the delayed payment. Seek clarification on their decision to hold your salary and try to understand the reasons behind it. Document any conversations or correspondence related to the issue for future reference.
Check labor laws and regulations: Familiarize yourself with the labor laws and regulations in your jurisdiction. They may provide guidelines on timely salary payment and the obligations of employers in such situations. It's important to understand your rights and the legal obligations of your employer.
Seek legal advice: If the delay in salary payment persists or if you believe your rights are being violated, consider consulting with a lawyer who specializes in employment law. They can assess the specific details of your case, review any relevant documents, and provide you with legal advice tailored to your situation.
Explore dispute resolution mechanisms: Depending on the severity and nature of the issue, you may explore options for dispute resolution, such as mediation or filing a complaint with the labor department or relevant authorities in your jurisdiction. A lawyer can guide you through the appropriate steps and procedures.
Review your employment contract: While there may not be a specific written agreement between you and the organization regarding delayed payment from a client, it's important to review your employment contract. The contract may outline the terms and conditions related to salary payment, including any provisions for delays caused by external factors.
Communication with HR and seniors: Engage in open and clear communication with your HR department and seniors regarding the delayed payment. Seek clarification on their decision to hold your salary and try to understand the reasons behind it. Document any conversations or correspondence related to the issue for future reference.
Check labor laws and regulations: Familiarize yourself with the labor laws and regulations in your jurisdiction. They may provide guidelines on timely salary payment and the obligations of employers in such situations. It's important to understand your rights and the legal obligations of your employer.
Seek legal advice: If the delay in salary payment persists or if you believe your rights are being violated, consider consulting with a lawyer who specializes in employment law. They can assess the specific details of your case, review any relevant documents, and provide you with legal advice tailored to your situation.
Explore dispute resolution mechanisms: Depending on the severity and nature of the issue, you may explore options for dispute resolution, such as mediation or filing a complaint with the labor department or relevant authorities in your jurisdiction. A lawyer can guide you through the appropriate steps and procedures.
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A.Dear Client,
An employer can not withhold the salary of an employee without any valid reason and in the absence of any such condition in the contract of employment which amounted to unfair labour practice. So in the prevailing situation, reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, Shops & Establishment for redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. However, in case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal or under the Shops and Establishment Act, you may contact our legal team with the relevant papers.
An employer can not withhold the salary of an employee without any valid reason and in the absence of any such condition in the contract of employment which amounted to unfair labour practice. So in the prevailing situation, reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, Shops & Establishment for redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. However, in case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal or under the Shops and Establishment Act, you may contact our legal team with the relevant papers.
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