Ashutosh 24 October 2015

Non-payment of salary for last 2 months

My name is Mr. Ashutosh B Angrish & I was appointed as India Sales Manager by a Chinese company for India Market from 1st August, 2015 by signing the contract.

I have not received my Salary for the month of August 2015 & September 2015 and there are no indications that they will be paying me anytime soon. I’ve raised this concern with the company several times but they just ignore my requests.

I was always given false commitment & lied through the emails & SMS that we have processed your salary & you will get it soon, but actually they never paid the Salary. it's a clear case of deception by the company.

I can submit you all the emails & SMS, if required for the verification regarding the false commitment made by the company.

They signed the contract with me in July & as per the contract they were liable to pay my salary at the end of the month or first of every month.

Please guide me how I can get my money back.

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2 Replies

Kumar Doab (FIN) 24 October 2015

1. Attach all SMS (obtain Screenshots/prntouts etc as it is possible for you)/emails/contract and submit a gentle representation to good offices of appointing authority,MD,Chairman (Narrating brief minutes of each document .......................mention dates/names/etc) and highlight that the promised salary and emoulments etc have not been paid, and salary slip has not been supllied...........although it has been cited that salary has been processed.

2. Request that the amounts be paid immediately to you ( as suitable to you i.eby CTS2010 compliant cheque, bank DD, by Redg. Post or Bank transfer in salary a/c only, in cash etc) so as to reach you in say............................3 .....days or as suitable to you.

3. Firm up your next venture ASAP.

4. The employer that does not promised amounts on promised date is nunworthy of being employed with.

5.Remain gentle and amiable.

6. Show all docs on record to an able labor Law Consultant/Service matters lawyer/Law Firm specializing in labor-service matters, and spend quality time with your counsel. Your counsel can determine the forums that you can approach if the need be.

7. Record all calls and minute everything in gentle manner.

8. If the good offices also do not provide any relief you may need to proceed further.

9. What precisely is the reason that salry is processed but not paid?

Don't conceal anything from your counsel.

Anil Upadhyay (Lawyer) 24 October 2015

You can file suit for recovery of salary and claim money, but if you want to avoid it try to contact Management of the company. Your last option is to proceed to court if nothing favourable happens.

Thanks

Advocateanilupadhyay@yahoo.com