Please Help- Not Received Salary For 2 Months

Hi
I am Business development manager in one of the IT company. I joined company on 1 aug 2012 with 6 months probation period. In Dec 2012 my company owner told me to relieve the company due to target not achieved. Company has not provided me last 2 months salary.
My gross salary is 30000 pm. basic 15000 pm.
We get salary by cash in hand. I have only appointment letter as proof of that company. Company was not filing any PF and ESI. No targets were specified on papers. only mails were communicated for that.
Please guide me any Legal law how could I get my salary back. I was serving 15 days notice period and it was going to complete it on 30 dec 2012. but on 21 dec. my owner said to relieve me.
will i get my salary back.
Hope for the responses soon.

well saji, i think he is talking about termination......well brother you should consult the labour commissioner for this...local labour commisiioner

If it is termination then the reason of termination is required, if the clause is of poor performance and business loss then it will be in their favour. But that does not mean that they can hold back the salary for 2 months. We can ask for the reason for salary hold then only the conclusion can be taken

Unless the company is coletely unethical, they will rarely hold back 2 months salary unless the matter of,performance is so serious it's as good as nil. How much business have you generated ? What is the pipeline that has been achieved ? How many prospects did you meet ? Did you keep the owners appraised of your progress ?
Also, why did you not approprach the owners when u did notmget salary in the previous months ? What was their response?
I have a feeling the whole truth is not reveled.
As for legal case, with just an appointment letter, you have little chance of getting anything from them. It depends on what other proof is there that you attended work.

Dear Monica,

Terribly sorry to hear about what happened to you. During probation period, an employer can termintate one's job if one's performance is not up to the mark. However, even in such case of under performance, there is a well laid procedure which good companies usually follow in order to avoid any litigation which may arise due to termination. That is giving, giving a chance for improvement. Good companies always track the performance of all new comers and whenever the performance of a new comer shows sign of wilting or going haywire, HR Manager pitches in and he along with the superior of the under peformer tells him that his performance needs improvements and pin point his week areas and suggest ways as to how he can improve his performance and a a time line for improvement is drawn. In such cases, his probation period is extended by some months (usually by three months) and if the employees doesn't improve his performance even during the extended period of probation, then his job is dispensed with as per term and condition of his employment.

In your case, no such procedure was followed and suddenly at the end of the day you have been told to wrap up which is not only highly unethical but also very unprofessional. Unfortunately, most of the companies in India believe and act in such type of management practices. Besides, Management in any case, has no right to hold your salary.

Your salary of 30K also doesn't make you eligible for PF as you may be an Excluded Employee as per Provident Fund and Miscellaneous Provisions Act, 1952. ESI Act, 1948 also does not apply to you.

As you have mentioned that you were working as Business Development Manager in your company and in that capacity of BDM you definitely would have been discharging managerial function /activities as such you don't fall under the definition of workman and hence cannot approach Labour Department for redressal of your grievance.

You may seek the help of a good Civil Lawyer and send him a legal notice and file a civil suit. It will cost you some money and time but it's worth trying.

All the best...

Rgds,

Rakesh Srivastav

Dear ,
Write to your employer for non payment of your salary and reason thereof .No employer can hold salary either its link with any agreement or any express conditions. its become voilation of sevral act applicable too.
Inspite there is no improvement and positive response come from the employer pl. rush in the office of dy. labour commissinor and file your claim.
Thanks
Manohar

Dear
the suggestion of Mr.Rakesh srivastava is the suitable remedy in your case.
Best of luck
Kumar