Company Is Not Paying 20 Days Of Salary During 90 Days Of Probation
10 months ago
I joined a pvt. ltd. company on 12-May-23 after getting offer letter. There was probation of 90 days. I asked for appointment letter after joining so HR said you will receive appointment letter after completion of probation period of 90 days which is generally given after 15 days of joining. I got salary of May-23 month. on 20-Jun-23 founder of company asked me to resign else company will terminate me that will be negative for my career so I resigned and got relieved from my duties on same day by handing over assets (laptop) and the work (source code) I did so far. HR didn't ask me to serve notice period. HR didn't tell that they are not going to pay me salary for 20 days of June and experience/relieving certificate. I waited for salary date 5th of subsequent month (5-Jul-23) I didn't received any salary. I called HR so they are saying we are startup and we have to streamline funds so we can't pay your salary.
Is serving notice period necessary to get paid salary of days I worked before resignation ?
Please let me know where I am wrong or what proof/evidences more needed to get paid my 20 days of salary ?
If your contract of employment/or offer letter specifies a condition that you have to serve a notice period whenever you tender resignation, then non-compliance of that condition of the offer letter may disqualify you from claiming salary or dues from the employer. As regards your forceful resignation obtained by the employer by a threat of termination, that resignation may be termed as unfair labour practice and illegal termination/retrenchment of the employee without following the mandatory provision of the I D Act if the matter is litigated before the competent authority. So, for both the reason you need to file a complaint before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming the unpaid salary of 20 days from the employer.
If your contract of employment signifies you should serve a notice period, you must comply with it However, in your case, you have been forced to resign that is against the law. You can lodge a complaint against your company in the labour office near your area, they will initiate necessary action against forceful resignation
Termination
FnF amount not received
No Leave Encashment - Worked for 18 plus years in the organization
Salary FnF not done
Shift Allowance
