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Employer not paying full salary as committed
14-Sep-2023 (In Labour & Service Law)
I am a constultant and worked for a compaby in gurgaon..i worked 13 working day out of 22..but they paid me according to calendar day..30 working day..also there mail tone was very harsh and its really efect and i was mantely harresed by them.they are startup by 2/3 muslim guys who leave in austin and operate office from gurgaon.i have shared them all calculation but rhey paid accordind to their calculations.they told ne to pay 1 lac for one month.(sat sun off).i worked only 13 days..exculdig sat and sunday..pls suggest me what should i do..big thing is that there way of talking to me was very abusive..and they told blame me that i was not up to there mark..i joind in 8 aug till 25th aug...they just paide me 42000 only..as per my calculation they need topay me 59000..in whole period they blaming on me..i have all work files which i have done for them in 13 days..also i have their mails..somw they blocked..
Any calculation of payments is done on the monthly basis. If you have taken leave on or before the scheduled non-working day then you will be marked as absent for the non-working days as well. For example - if you have taken a leave on Friday and then on Monday as well. You will not receive your salary for Friday to Monday which is 4 days.
One need to see both the calculations and the leaves taken by you to ascertain which one is correct and which one is not.
As far as filthy communication is concerned, for that you may take legal action initially by sending them legal notice and then by dragging them to court but that too does not seems to be practical as they are sitting outside India. Going against them under legal measures will remain an endless task as for years they will refuse to come down to India to face trail and by the time they will reach certainly this case must have ran for 3-4 years.
My advise to you would be to forget this incident and to move on. Otherwise if you wanted to contest then come to the legal side after giving a lot of thought to it.
My best wishes for your future endeavors.
One need to see both the calculations and the leaves taken by you to ascertain which one is correct and which one is not.
As far as filthy communication is concerned, for that you may take legal action initially by sending them legal notice and then by dragging them to court but that too does not seems to be practical as they are sitting outside India. Going against them under legal measures will remain an endless task as for years they will refuse to come down to India to face trail and by the time they will reach certainly this case must have ran for 3-4 years.
My advise to you would be to forget this incident and to move on. Otherwise if you wanted to contest then come to the legal side after giving a lot of thought to it.
My best wishes for your future endeavors.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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