Salaries stopped by company without intimation
My salary has been stopped by employer without any written intimation ?
Asked 3 years ago in Civil Law from Ahmedabad, Gujarat
1) whether company has paid other employees ?
2) whether company is facing any financial constraints in payment of salaries?
3) just send polite email that you have not yet received salary for month of October .
4) search for alternate jobs . dont issue any legal notice at present . only if the company terminates your services and does not pay your arrears proceed legally by issue of notice
A. Your query has no sufficient information to find out the solution. On what basis salary has been held by the Company ? Have you submitted resignation for your post ? Have you committed any mistake against your company policy? Did you breach any clause of the appointment order? Have you received any termination notice from the HR department?
B. Send a mail to your Reporting Manager and mark CC to HR Department in respect of Salary issue.
C. Once you have received the reply from the same, if you are not satisfied, then you can issue legal notice to the Company.
1. Are you a probationer or a permanent employee? Are you the only employee whose salary has been stopped? Have you been issued a notice by the company?
2. Your rights and remedies will be subject to the answers to the above questions, albeit you can issue a lawyer's notice to the company if all your efforts to seek an in-house redressal turn out to be futile.
1. I am a permanent employee, Yes I am the only employee whose salary has not been paid, No notice issued by company.
Asked 3 years ago
1) well if you are only employee whose salary has not been paid send email to HR department
2) if no reply received send reminder
3) it appears your organisation wants you to leave hence not paying your salary on time
4) contact a local lawyer if no response received to your emails
In that event meet the higher echelons of the company and request them to reason out why your salary alone has been stopped. If this does not produce the desired result then issue a lawyer's notice through a lawyer.
1. The query is deficient of the required details,
2. Why has it been stopped?
3. What your immediate reporting officer is saying for this non payment of your salary?
4. You said that your Company has not send you any written intimation. Have they informed you verbally? If yes, then what is the reason for such stopping of salary?
5. The above details are required to advise you properly.
1. First of all ask the concerned person verbally as to why your salary has not been sent,
2. After knowing the above facts, further action of yours can be suggested.
First of all send a request to HR department to release the salary, if the employer is not ready to make the payment/release the salary within 7 days of that request then send a legal notice through advocate and demand your money along with interest and notice charge, if they are not ready then file a civil suit for recovery of money or file a complaint before labour Commissioner or file a case before Labour Court.
Feel free to Call
Advocate, New Delhi
A. As discussed with earlier reply, send mail to Reporting Manager and HR Department for non payment of Salary.
B. Further, If you fail to obtain reply from the same, put a reminder mail frequently, later you can send the same copy of the mail to Administrative body, i.e., Management of the Company.
C. Thereafter, You can issue the legal notice to take appropriate legal action under the law.
if your employer is private concern then you can't file writ petition but you have two options first you can file civil suit and second is to file complaint before consumer forum because you have serve your concern. if employer is govt. concern then you have right to file certiorary writ under article 226, before high court. salary neither be stop by giving notice nor without notice. in exceptional condition employer can stop salary. notice is mandatory in termination from job. in order to take legal step first you send a notice regarding causes of stop your salary then you can file case.
Reply Received from my Reporting Officer. kindly suggest (No warning Received Till Date)
Dear Mr. xxxxx,
This is very sad that even after repeated warnings and counselling after calling you to Hyderabad and at Baroda your performance and commitment levels have not improved at all. Due to your lack of involvement and commitment, today our company especially Baroda plant is not loaded at all. You will remember very well that you were taken as a senior person to lead western region, but your contributions were not at all to the level you yourself committed many times, forget about what organisation has provided targets. Please note that our organisation and self with a strong belief in you had provided umpteen number of opportunities, but to all our disappointment your commitment levels are not improved and moreover it is observed that your interest levels and contribution has gone down tremendously. Today whatever situation is at Baroda, you are one of the major contributor and you should take morale responsibility and suggest you to put in resignation letter to relieve you at the earliest.
Now, there is no point as company is also not in a position to carry people with heft salaries with zero contributions or not up to their levels of expectations. At present situation it is the call of the day to reduce fixed costs and we are compelled to ask you to put in papers with immediate effect or else organisation needs to take an action at present situation.
Please be assured that your all dues will be settled to the last single pie, once all the payments from your jobs are received. Hope you will understand and act as suggested above.
Thanks and all the best for your future endeavours. Please discuss with xxxx and proceed further as required.
Asked 3 years ago
1) you have deal with allegations made in said letter para wise . are contents correct?
2) has company given you warnings that your performance is not upto the mark
3) did you not fulfill targets laid down by management ?
4) you have to contact a local lawyer and deny allegations made
5)the company cannot refuse to clear your dues on the pretext that it has not received payments from parties .
6) search for an alternate job .
7) you have to take the call whether you want to resign or not
1. The company has accused you of being inefficient and has asked you to resign your job.
2. Your dues will be paid, as per the company, only when the payments from the targets given to you are received by the company.
3. Since you are a permanent employee the company must have graded your performance previously. If yes, what were the grades given to you?
4. Your legal remedies include the right to challenge the finding of inefficiency and/or to sue the company if your dues are not settled.
5. The company can refuse to pay your dues only if you have not achieved the targets you were obligated to achieve.
6. You may issue a lawyer's notice to the company after having a conference with him.
A. Your Reporting Officer had come to conclusion that you are a non performer in this company and not reached the target up to the mark. So the management stopped the salary for obtaining Resignation due to confirmed employee.
B. Is there any Review officer to analyze your performance ? What was your last appraisal with respect to your performance ? Is there any method to determine your performance? What about your colleaguesperformance compare with your performance?
C. In case your job depending upon target achievement, your reporting manager should have analyzed your performance every month and this report shall be referred to Review Officer then it should be communicated to you by giving warning letter. So prior intimation regarding non performance is mandatory.
D. Once you become a non performer, your reporting officer or the management has to find out your mistake and give one more opportunity you to achieve the target by giving more ideas. This procedure and Job Responsibility area structure and Review or Reporting Officer must take all these cares in the limited companies in respect of confirmed employees.
E. As per the terms and conditions of the Appointment Order, the management has reserved the right to take any action while non performance committed by the employees. But the management has failed to take necessary steps as mentioned above in your case. However, you can seek 3 month compensation subject to failure of the management procedures or company policy. Or issue legal notice to the management to give one more opportunity. Or Resign the job the management will settle your arrears claim as mentioned by you.
1. It is clear that you are not desired in your Company,
2. The allegations may be right or wrong but are immaterial since your Company, being a private set up, has clearly informed you what do thay want from you,
3. If you do not resign, they will terminate you giving notice and in that case you will not get any release letter,
4. It will be difficult for you to get a fresh job if you are terminated,
5. No pint taking up the matter legally and resignation and seeking fresh opening is the best option here.