Non-payment of Salary & asking for repayment Of promotion money
4 years ago
I was working for a Institute from April 2018. I signed a contract in which it was mentioned that if i resign from my job without any prior notice no FUND will be released. To resign, it was necessary to give a notice of 30 days.
In Jan. 2019 i was hospitalised due to Pneumonia and so I could give any prior notice of any leave or anything. After getting discharged i joined office again. There was no dispute or any problem.
Since I was weak and I used to take 10 days or 15 days leave or even a full month leave sometimes having it discussed that due to my medicines i will not be able to work properly till July 2019 (Jan- july was the period i was on medications) with the Director & HR.
In April 2019, they promoted me and raised my salary with 2000 rs. That day I was clear with them that i may still take leaves till July 2019 & will not be able to perform well enough. They said it was ok and they can adjust till July.
From march-april, i gave 3 times my resignation letter due to my health emergency to them but they rejected it everytime & came with a counteroffer to give me leave for a whole month. Which i accepted so that it will give me sone relief. After taking the leaves i everytime rejoined the office.
In april’s last week i again tried to give them resignation but they came with the counter offer by convincing me to work for as many hours as i could, or i work from which they rejected later. & they will pay me according to my working hours.
So in May 2019, i started working somedays 9 hours, 7 hours, 4 hours, and in somedays i worked from home. And took leave for the june month.
Now in june 2019, i got a call from the day before salary day that they are holding my May month salary till i dont rejoin.
It was strange for me to get this type of call after giving services of a year. So i directly contacted the director.
On the call the Director was rude & said he will not release my salary if i resign according to the contract. And will only pay when if i rejoin.
Seeing this behaviour i decided to resign from the office & have a face to face conversation about the contract.
As in starting i mentioned that there was the word fund used which does not mean salary. So i requested him to release the salary of Month May.
But he rejected , he said i will have to give a month notice and only then i could release the salary. So i accepted this term & stated that i will join in JULY and serve the notice & notice period responsiblities.
Later in June , i received a call from the office which said that i have to repay my promotion money of the last month. If i will not pay they will take actions against me.
Keypoint: there is nothing mentioned in the contract regarding repayment of promotion money after resigning a month after promotion.
So here are my questions:
1. Can an employer legally take action on me if i dont pay the promotion money in which i served my services? (April2019)
2. Can i legally file a complaint against him for asking the repayment of promotion money of april & not releasing my May month salary?
Thank You
You must be knowing that the relationship between an employer and employee are very thin and sensitive and you have to act accordingly to protect your job.
Shreyash Mohta
Responded 4 years ago
If need be you can hire a lawyer from Vidhikarya itself. Or else consult me directly and I shall help you.
Abhishek Srivastava
Responded 4 years ago
Sincerely;
Adv. Abhishek Srivastava