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Q. Non-payment of Salary & asking for repayment Of promotion money

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Anonymous

posted 5 months ago

Q.Non-payment of Salary & asking for repayment Of promotion money
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?

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
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.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) It is better to solve this matter out of court.
If need be you can hire a lawyer from Vidhikarya itself. Or else consult me directly and I shall help you.

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Abhishek Srivastava

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes, you can knock legal door but it would advisable to solve it amicably, consult any lawyer through Vidhikarya.

Sincerely;
Adv. Abhishek Srivastava

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