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Q. Not received my salary even after working for the entire month

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Ravikanth Angadi

posted 1 year ago

Q.Not received my salary even after working for the entire month
I worked for a company, I resigned on 28th January and i asked for early relieve from work, they agreed and relieved me on 31st January. I worked for entire January month and they did not pay my salary when asked they are referring to the clause below in my joining letter. Need help in this matter.

Clause:
Notice Period for Termination: During your probationary period, either party may terminate your employment by giving the other party thirty (30) days' written notice or payment in lieu of all or part of such notice period. After the probationary period, either party can terminate the employment by giving the other party 60 days written notice ("Notice Period"). However, Caliper may at its sole discretion release you earlier on certain conditions to be determined by the Company at the time of termination or by the Company making a payment in lieu of all or part of the Notice Period.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
You can raise your issue with labor commissioner who will decide the matter under Section 12 of Industrial Disputes Act.

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Sir, this clause is very ambiguous as its words "certain conditions" have nowhere been defined or explained and no one has any clue as to what such conditions are when the company releases its employee earlier. Having said that. If there are any terms and conditions of a company which you have please do refer to that which might give you a better insight about there bye laws. Also the last few lines state that ... they can either terminate your employment on certain terms and conditions OR by making a payment in lieu of all or part of the Notice Period.
The questions which arise here are:

1. Are there any terms and conditions specified to you?
2. Were you working in the probation period or after that?
3. Did you serve any written notice as prescribed by this clause according to your work?

Thanks
Shreyash Mohta

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Ravikanth Angadi

Replied 1 year ago

Hi i was in probation period, so in the agreement they say 30 days notice period. But when i resigned they have not sent me any email communication on not paying my salary, stating that you have requested for immediate release so we released you.

We will be deducting your 30 days salary.

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Shreyash Mohta

Experience: 2 Year(s)

Replied 1 year ago

That is what generally happens if in case you do not serve the notice period. However, they cannot demand anything more than your 30 days salary and they cannot withheld anything over and above salary of 30 days.

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BIR ABHIMANYU KUMAR

Experience: 4 Year(s)

Responded 1 year ago

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A. ) First of all you must send notice to your ex employee by self an mention it your grievances and demands mode of notice is bye registered post and by email also thereafter you can send a legal notice through your lawyer to your ex employer and give your grievance and demands and weight her reply there after you get proper legal action against your ex - employer if you finding any problem then you contact me

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Ravikanth Angadi

Replied 1 year ago

Hi i was in probation period, so in the agreement they say 30 days notice period. But when i resigned they have not sent me any email communication on not paying my salary, stating that you have requested for immediate release so we released you. We will be deducting your 30 days salary.

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 year ago

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A. ) U can file complaint against the company management to the labour commissioner office

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Ravikanth Angadi

Replied 1 year ago

Hi i was in probation period, so in the agreement they say 30 days notice period. But when i resigned they have not sent me any email communication on not paying my salary, stating that you have requested for immediate release so we released you. We will be deducting your 30 days salary.

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