Salary Issues [Thread 518597]

Hi Every one,

I am Tupal, doing job in BD department in one IT company (Pvt. Ltd.) I have joined the organization before one year, it was a good company who was paying the salary at 7th of each month.But the company did not release my salary of January, 2015 and kept it on hold.

As per the management, the HR manager is looking after the B D Department and the HRM is not releasing my salary due to "0" sale of mine and some payment is not cleared by the client (Client gave me Post Dated Cheque), although the client has signed in the Estimate, our software is not 100%, ready for use so the clients asked not to deposit the cheque.

Now the HR Manager arguing with me that first I have to bring all the payment from client and then only they will release my salary. I gave a written intimation to the management that I am out of money and I want to release my salary. Now the HR Manager called me and give threat to terminate from the company. As I have a laptop of company they are not ignoring me directly.

Kindly give me right path, how I can release my salary and if the company will terminate me, in my career what would be the effect of the same?

Warm Regards,

Tupal Kalita

11-02-15

Dear Tupal,

What is happening with you is unfortunate. But then lately, these things are quite common. In yesteryears, there were labour unions and Personnel Managers had some fear. HR's fear vanished as labour unions vanished.

Overall you have given sufficient information and you have written your post in sequence also. But then you have not mentioned about the fixed pay and variable pay. No company can make employee's pay 100% variable. They have pay you as per the terms mentioned in your appointment letter. Non-payment of wages is against provisions of Payment of Wages Act.

Talk to HR on phone to release the salary. While talking, record the call. This will act as evidence against him. If he does not oblige then take interview of the MD of the company and explain your problem. If MD remains inexorable, then find out labour office of your area and tell your problem to the Labour Officer. While going to labour officer, take proof of your employment.

Once you solve this problem, come back and tell us what happened. Many members seek advice and later abandon their post. Hope you do not become one of them.

Thanks,

Dinesh Divekar

Dear Mr. Divekar,
As per my appointment letter our company gives fixed salary and they mentioned the amount too. In my cause I am looking after an area which is out side from my Corporate office. ( IN other state).
So if I go to the labor office, should I go to my current region's office or at the office where my corporate office is situate.
Although if I do not want to go there and simply quite to go to the market and send them a gentle reminder about my salary release, What they can do, because I have company's property (Laptop) with me. Legally what they can do with me to get their property, if they terminate my job, what would be my next step to fight ?
I do not want to waste my time by go to the court and all.
Kindly guide me the best.