Sanjeev S 04 November 2016

9 months salary plus incentives pending with previous compny

I used to work with a private firm in Mumbai from where I've resigned around 3 months ago. I owe 9 salaries plus incentives totalling around 6 lakhs rupees. Non payment of salaries was the prime reason for my resignation. The owner and MD of my company verbally assured that he'll clear my dues and release atleast one salary every month. Now i've been following up since the last 3 months but haven't been paid citing reasons such as company is not performing well. have written several SMS's and mails.

How should I go about recovering my money, what legal rights does my employer has?

Any help on this is appreciated.

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3 Replies

Kumar Doab (FIN) 04 November 2016

Did you mention Non Payment of Incentives/salary as reason in resignation?

Yuo should.

If you have mentioned it in letter by ordinary post then attach a copy with email addressed to good offices of appointing authority,MD and raise your demands.

Did you get salary slip,Form16,acknowledgment and acceptance of resignation-handover of charge,NOC,NDC,service certificate/relieivng letter, PF number and a/c slips etc?

Sanjeev S 06 November 2016

Well, I didn't mention non payment of salaries as the reason of my resignation as the new company which I joined had a background verification process as I didn't wanted to spoil relations with my ex employer. it was also promised to me that every month i would be receiving some money until my total outstanding is cleared.

I do have my relieving letter as well as my PF account number which is updated, don't have any salary slips though.

What should be my course of action?

Kumar Doab (FIN) 07 November 2016

Obtain copy of BGV, salary slips, acknowledgment and acceptace of resignation, FnF statement showing all paybles e.g; earned wages/incentives/bonus/leave encashment/notice pay etc etc,Form16,PF a/c slips of each year etc etc...... .

The FnF wages should be paid o LWD or say within next 3 days or max. by usual pay day.

Approach a very able counsel specializing in Labor/service matters, with all employment related docs.

Your counsel may examine your nature of duties (on record) and can opine on appropriate forum that you can approach and lodge complaint for/with e.g;

Inspector appointed under Bombay Shops & Estbs Act, Payment of Wages Act

O/o Labor Commissioner

Higher Officials of Dept. of Labor of state

u/s 406,420

Winding up petition

Civil Courts

and may opine to minute committement that payment of payables shall be in parts every month etc and Narrate the reason for leaving (Non payment of earned wages/incentives) in final notice to employer.