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Rajesh Nimiwal   07 December 2015

Non payment of salary by employer

Hi,

I am from Abohar, previously I was working with an organization at Mohali.

i join the company on 2 feb 2015 and last working day was 7 july.

they did not give my salry for one and half month.

i have appointment letter and resignation email. i have call many time but everytime he ask that he will pay within few days. Now its about 5 months and he still didn't pay. 

i have some call recording for the same.

Please advise what can i do now?

Thanks


 



Learning

 9 Replies

Adv. Sagar R. Jadhav (Proprietor)     07 December 2015

Send legal notice to the company by advocate then the company will settle your amount.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 December 2015

You can give complaint to the labour commissioner office at your office location. Commissioner will enquire on your complaint and take action on the company management. 

Kumar Doab (FIN)     07 December 2015

Did you submit notice of resignation as per notice period inserted in appointment letter or resignation with immediate effect?

 

What is the notice period as per appointment letter?

Do you have acknowledgment of resignation by letter/email and accceptance?

Has the company issued any FnF statement?

What is this company; Commercial/Industrial?

What was your designation and anture of duties?

 

Rajesh Nimiwal   08 December 2015

i was woking as a webdeisgner. That was an IT Company. " Company has been closed for than 3 months" so i can't send legal notice and i didn't have MD's house address. as per company i gave a notice peroid of one month by email and they revert back by mail and relieve me before 30 days. in revert email MD reply that my pending due will be clear by the end of the month ie "July" from the month of august i am calling continue to MD regarding payment everytime he ask that he will pay after two days or one week etc.. i have some call record for thw same and have joing letter and experiance letter and resignation email and relieving email and MD's mobile number. can i go to local police station in mohali? Thanks

Kumar Doab (FIN)     11 December 2015

The email be the company is acknowledgent of debt.

You may approachan able labor law consultant and yor counsel may opine that

you can lodge complaint both civil and criminal.

akshay   11 December 2015

I was employed with an IT company as executive administrator (Receptionist) and resigned on 06/11/2014. I served the notice period of 1 month and completed all the formalities of the company. I asked for my full and final settlement amount which is due on company but after 1 month of delay they are harassing me saying that I joined another competitor company and they wont pay me my full and final settlement amount.
Please advice me, am I covered under the definition of "Workmen" of Sec2 of Industrial Dispute Act, 1947 or not. My monthly salary was Rs. 26,500/-.

Kumar Doab (FIN)     11 December 2015

@ Akshay,

The companies designate employees with decorated designations. However designation alone does not decide employee shall be covered by various labor laws or not.

 

Even if the employee is not covered as supposed by you as 'Workman' in ID Act there are other options torecover dues from employer.These can also be harsh and hard for employer.

 

You may approachan able labor law consultant and your counsel may opine that you can lodge complaints both civil and criminal.

 

Jonty   06 April 2016

I am working with a recruitment firm and they are not paying me since 2 months.What can I do?

Kumar Doab (FIN)     07 April 2016

@ Jonty,

You may show all employment related documents to able labor law consultant and your counsel can opine on appropriate forum as per your designation/nature of duties.


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