• Salary related

Hi,
im a doctor by profession and working as consultant emergency physician in a hospital.the hospital has outsourced the emergency services and i was part of the team that has taken up the outsource contract for the doctors of emergency.i worked for the hospital on behalf of the team..i worked as part of the team for approximately 8 months i.e: from june to ending of march.

due to personal reasons i had to quit suddenly from my job..now when i asked for my march salary,the outsource team manager,who is also a doctor by profession is telling me he cant give me my march salary as i have not given any prior notice of resignation.he argues that i should have give a notice of atleast a month prior to resignation..

there is no formal bond or agrement between me or the outsourced team while joining. 

what are the possibilities for me to get my salary if i move legally..


thanking you...
Asked 7 years ago in Labour

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4 Answers

1) what are terms of your appointment letter?

2) you must have been given appointment letter by the company

3) if there is clause in your appointment letter then you have to give one months notice

4)you have stated there is no agreement signed by you with the team . issue legal notice to organisation to pay your march salary

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

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You were employed by the contractor and not institute

2) legal notice has to be issued to the contractor

3) in legal notice mention that tax deducted has been refunded but salary not paid for month of march

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

In the absence of any agreement, there can be no such conditions to be implemented.

However you should confirm the fact that there should be some arrangement for taking up this assignment between you and the team outsourced your services.

You verify that if you have signed any such terms that requires you to serve the notice period as demanded by the manager now.

If ther is no such agreement or condition,

You may take up this matter by a representation to the top management and demand the relief that is due to you.

If there is no response or remedy to this from the management side, then you may issue a legal notice demanding your due salary.

If this fails to revoke any proper response, then you may vie the feasibility and assess if it is worth to file a money recovery suit to recover this amount and proceed

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

so can i issue legal notice to my contractor or to the institue.and one more thing is he has given me a check of all the tax deduction amount from june 2016 to february 2017,instead of form16a.is there any chance that he argues that this amount is my march salary.

If the contractor paid you the salary, then you were employed by the contractor and not the institute, hence you can take any legal action against the contractor only.

About the cheque issued to you, let him explain the reason for issuing the cheque to you, before that do not jump into any conclusion on your own.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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