Actually I was working with one placement consultancy, I have join that in the month of January (28th Jan 2015) , there was fixed salary plus incentives structure.
NOTE : No Documents were provided or signed ( 3 months probation period - after 3 month they are going to provide me offer letter )
{At that time due to my financial condition I had to join this even if I was not happy with the things }
Now after exact 3 month i.e. in end of April I got opportunity that actually I was looking for (IN HUMAN RESOURCE DEPARTMENT).
Had orally given resigned ( I ADMIT MY BIGGEST MISTAKE ) as our relation was such that I just talked with him that I got new opportunity and I need to join there , he denied me and at the last he agrees for 15 days Notice and promised to relieve me, but I had to join at new organisation as soon as I can , Had served him 10 days notice and on 11th day I joined new company.
As far as I know, employees can leave company with either no notice or within 7 days as its during probation period and no offer letter given .
Now when I asked for salary for the month of April and of 10 day's Notice , he refused to pay me
He told me to do settlement in mid September that's why waited this much (as payment from client expected in mid September)
Also he had not paid me any commission (had successfully done recruitment during FEB & MARCH) also during my notice period had worked on one lead & one candidate was selected with the package of 6lacs p.a..
Now want suggestion from you all that, Can I go to labour court for justice ? Hesitating because I don't have any written proof .
And 2nd reason is had done this with so many girls and I wish now no other girl got trapped in this and spoil her career ( Want to give him lesson ).
From India, Vadodara
3NOTE : No Documents were provided or signed ( 3 months probation period - after 3 month they are going to provide me offer letter )
{At that time due to my financial condition I had to join this even if I was not happy with the things }
Now after exact 3 month i.e. in end of April I got opportunity that actually I was looking for (IN HUMAN RESOURCE DEPARTMENT).
Had orally given resigned ( I ADMIT MY BIGGEST MISTAKE ) as our relation was such that I just talked with him that I got new opportunity and I need to join there , he denied me and at the last he agrees for 15 days Notice and promised to relieve me, but I had to join at new organisation as soon as I can , Had served him 10 days notice and on 11th day I joined new company.
As far as I know, employees can leave company with either no notice or within 7 days as its during probation period and no offer letter given .
Now when I asked for salary for the month of April and of 10 day's Notice , he refused to pay me
He told me to do settlement in mid September that's why waited this much (as payment from client expected in mid September)
Also he had not paid me any commission (had successfully done recruitment during FEB & MARCH) also during my notice period had worked on one lead & one candidate was selected with the package of 6lacs p.a..
Now want suggestion from you all that, Can I go to labour court for justice ? Hesitating because I don't have any written proof .
And 2nd reason is had done this with so many girls and I wish now no other girl got trapped in this and spoil her career ( Want to give him lesson ).
From India, Vadodara
Join hands with other affected parties and file a case.
Not having written proof will affect the outcome,but the fact that he is taken to court will have a big impact.
Such mistakes are done by many due to lack of experience and urgency to get a job,but then we have to find way out so that you do not loose your due entitlements.
Do you have details of work done?
Has he paid any incentive so far?
This will help prove that incentives were being paid and rate can also be worked out.
Pay was by cash/cheque??
Collate whatever documents you have,SMS,email etc.
Do consult a lawyer and set things right.
Let the employer not get away because he was smart enough not to leave documentary trail.
From India, Pune
Not having written proof will affect the outcome,but the fact that he is taken to court will have a big impact.
Such mistakes are done by many due to lack of experience and urgency to get a job,but then we have to find way out so that you do not loose your due entitlements.
Do you have details of work done?
Has he paid any incentive so far?
This will help prove that incentives were being paid and rate can also be worked out.
Pay was by cash/cheque??
Collate whatever documents you have,SMS,email etc.
Do consult a lawyer and set things right.
Let the employer not get away because he was smart enough not to leave documentary trail.
From India, Pune
Thanks Mr. Nathrao for your suggestion .
Yes He was paying me by cheque . and he had never given any incentives yet (he was like will pay you with salary next month )
And regarding details of work done, I used to work on leads given by him and , on every paper name was in the name of that consultancy only rather than any employees name , so unfortunately can't work out on that also .
But client for whom i was working , very well aware about my dedication and work done.
From India, Vadodara
Yes He was paying me by cheque . and he had never given any incentives yet (he was like will pay you with salary next month )
And regarding details of work done, I used to work on leads given by him and , on every paper name was in the name of that consultancy only rather than any employees name , so unfortunately can't work out on that also .
But client for whom i was working , very well aware about my dedication and work done.
From India, Vadodara
You will have to do some spade work.
Definitely other employees would have received incentives.
This will prove that incentives are a part of your salary structure.
The client may be able to give indirect evidence of your work.
Consult a lawyer and see what can be done.
The affected employees must be rallied together into joining hands.
From India, Pune
Definitely other employees would have received incentives.
This will prove that incentives are a part of your salary structure.
The client may be able to give indirect evidence of your work.
Consult a lawyer and see what can be done.
The affected employees must be rallied together into joining hands.
From India, Pune
Yes I am getting your point , thanks again . I was just wanted to confirm that if I can file the case or not Also one doubt, Hope it will not affect my current profile and organisation. Thanks
From India, Vadodara
From India, Vadodara
You can file a case.
You were promised a remuneration which included incentive,now if they decline incentive,it is breach of contract(even if it is oral)
How your current employer will view it cannot be commented upon.
Some employers may agree with you but some may think -employee is litigation minded.
One has to take a call.Nothing can be won by indecision or hesitation.If you feel there is a need to "teach a lesson" as you earlier said,then file a case.
But know your weakness-oral commitments,no documents etc.
From India, Pune
You were promised a remuneration which included incentive,now if they decline incentive,it is breach of contract(even if it is oral)
How your current employer will view it cannot be commented upon.
Some employers may agree with you but some may think -employee is litigation minded.
One has to take a call.Nothing can be won by indecision or hesitation.If you feel there is a need to "teach a lesson" as you earlier said,then file a case.
But know your weakness-oral commitments,no documents etc.
From India, Pune
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