Advocate Satish Kumar Sachdeva

Questions Answered by Advocate Satish Kumar Sachdeva

Q: Employee absconding from company but still receiving salary

i am an ex employee of Barclays plc noida and i got absconded on 08th jan 18 due to immediate joining in different company and still i had been credited with jan and feb month salary from barclays. Will there be any complication if i don't inform them??

Advocate Satish Kumar Sachdeva answered
Yes surely you are going to be in trouble. Barclays paid you salary wrongly and since you have been absconding from your duties you have lost all rights to receive salary. You are advised to return the salary wrongly received for the whole time period you have not worked. Further you are advised to send apology letter and fulfil all the terms and conditions of the letter of appointment. Failing which you can be charged with offences under IPC and labour laws.

Q: Director refusing to give my salary slip

Iam working in a company from last 3yrs . I applied for a loan and asked for a salary slip but director refused it giving some bogus reasons. ?So is it a legal right of an employee

Advocate Satish Kumar Sachdeva answered
As per the below mentioned rules the pay slip forms a legal mandatory requirment. Here it has to be distributed to the employees with their and employer's /representatives signature. ((Minimum Wage (Central) Rules, 1950, Rule 26(4) and Minimum Wage (Central) Rules, 1950, Rule 26(3)) And the employees should be aware of the contents of the pay slip. And even if it is transferred to the bank, there should be an authenticated record stating that the employee is willing to get his/her salary transferred to bank. If the assessee doesn't provide the salary slip or a document evidencing the total salary paid to an employee, then he shall be violating Rule 26A and Rule 31 of the Income-tax Rules 1962. Further, non-issuance of Form 16 under 203 shall be liable for penalty at the rate Rs 100 each day under Section 272A. So, you may bring this fact to the notice of the director

Q: Want to file case against manager for creating issue in rejoining

I want to re-join my previous organization. but my manager done my re-hiring status is NO, I worked there 3 years without any illegal action. I was left job with 45 days of notice period as per company policy and region reason was better opportunity. as per company policy if u want to region with 45 days of notice period then u can re-join again if employee want in future and there are lot of hiring in my pervious organization but I can not re-join due to my previous manager done my re-hiring status is No due to jealousy. that's why I want to file case against my manager. please help me asap.

Advocate Satish Kumar Sachdeva answered
Terms of the contract of employment have to be referred to. You have been properly relieved after tendering your resignation. To re-join a company, it is at the sole wish of the employer. The good past record at the previous employer can help you but re-employment shall be at the sole discretion of the employer. Further your plea that substantial hiring is going on may not help you as you have not been retrenched from the employment. i suggest you meet the authority next to your manager, who may help .