lakshmi (article trainee) 05 May 2014

My previous employer is not giving salary

Dear Sir,

I am a student due to some situations in family i need to do job so last year i have joined a company as an accountant the company's M.D is well known person to me for first 2 months they gave the salary and after that they didn't give my salary for 10 months apart from me they gave salary for everyone in that company. please help me how should get my salary

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6 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 05 May 2014

If you have any evidence to show that you were the employee of the said company, you can initiate legal proceedings for recovery of arrears of salary.

Kumar Doab (FIN) 05 May 2014

You should have declined to work when the payment of wages was delayed/declined for the first time, and should have lodged a complaint immediately.

You have given a very long rope to this employer.

Even if appointment letter is not issued the payment of wages can't be refused. Appointment letter should be issued to all employees.

Employee can lodge the complaint the moment payment of wages is delayed even if by a day. The penalty can be say Rs.7500/instance.

You may narrate all representations made so far by email, phone, in person etc (mention dates, phone numbers, names,…………..brief minutes of discussion) by final representation addressed to good offices of appointing authority, MD etc and demand to supply ………… dues (mention details) by bank DD only alongwith salary slip of all months of employment, ……………………by redg. Post only…….so as to reach you in next say……………..7 days by redg. Post only.

You may mention that postage prepaid self addressed envelope is attached!

If good offices also do not resolve then you may approach your lawyer!

If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too………………………….
Employee can approach:

>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.

>>>Inspector under --Tamilnadu Shops and Commercial Establishments Act.

Max. notice period as per this Act is 1 month.

You may go thru Sec:2(3,5,12,18,..), 4, 5,6,13,14,25,26,28,29,30,31,32, 41, 43,47……….

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.

----Employees Unions e. They may help you.

--- Trade Unions.
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.

----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)

--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

--DLC-Gratuity

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.

Discuss the matter in person with local Labor Consultant/service lawyer before you proceed further.

Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act.

The employees that are not even workman, members of unions they also know how to defend their rights and do not get influenced by line managers, HR and defend their rights.

The employees that are not members of employees unions, trade unions are usually not properly informed and face harassment, exploitation.

Later if you choose to resign mention the reason as; Non payment of wages on time and demand to supply ……………acceptance of resignation, service certificate, relieving letter (with good comments and avoid without or with adverse comments), FNF statement, FNF dues by bank DD only including performance incentives, arrears (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), ESIC card (if applicable), salalry slip of all onths of employment, etc……………………by redg. Post only…….so as to reach you in next say……………..7 days by redg. Post only.

You may also mention that since no appointment letter/contract of employment is issued and supplied to you NO service condition of notice period/pay applies to you.

lakshmi (article trainee) 06 May 2014

Dear sir,

the company is not maintaining any documents and starting thay didn't give anything like a salary slip but they agreed to give the salary. now iam having their laptop i have done every work in that laptop can i use it for the proof because in that company i am only person to know about the accounts and system wise

Kumar Doab (FIN) 06 May 2014

The salary slip has to be issued by employer to employee at least a day before the disbursement of wages and thumb impression or signature of employer and employee should be placed:

Payment of Wages Act:Sec13A, Minimum Wage (Central) Rules, 1950: 26(3),26(4)

You are in which state?

You want to achieve some handle on employer.

It is suggested that you may consult a local lawyer in person along with elders in the family and firm up the tactical approach you have decided.

Sheena Bajaj (CA) 22 May 2014

from 10 months he is not giving you salary! how were you surviving?
why didn't you stopped 3rd or 4th month?

malipeddi jaggarao (retired banker) 24 May 2014

Since the MD is known to you, better have a talk with him and convince him that the salary is to be paid immediately. Otherwise serve a legal notice (whether you have a proof or not is a different thing) claiming that you worked with the company from----to---and salary is not paid. You can wait for the response.