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vishwanath (graduate engineer apprentice )     11 June 2015

Company not paying salary properly

I am working for a noida based company since 2 years for gujarat region,but from last 7 to 8 months company is not paying my salary and other expenses properly. When try to get update regarding same company replied we are working on it,no one in the company seems to be responsible to respond fairly on this topics,now condition is that company has paid my February salary in June and not even other expenses.If, I stop working due to lack of money company threats to take action like termination and will not pay my due salary. Condition of the company is degrading day by day and environment of company is not any more work friendly. So, I want your kind suggestions, how I could compel my company legally to clear of my all due amount, because I tried to clear things through mail but all goes in vain,because company want us to work in any condition without asking for salary. Some employes have resigned and some are terminated but their account are not being cleared. That's why I want to clear things before leaving the company. So kindly suggest me right path to come over this situation. Your help will be a great kind.


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 5 Replies

Anish Thakur 7018812737 (advocate)     11 June 2015

Dear Querist , raise this matter bfore the labour inspector or labour court

saravanan s (legal advisor)     11 June 2015

send them a legal notice to settle your pending salary within a week failing which you will resort to legal action.if they dont come to terms file a complaint with the labour commissioner for necessary action

Kumar Doab (FIN)     11 June 2015

 

You have posted that:

 

---“company threats to take action like termination and will not pay my due salary.”

Record the threats (audio/visual/witnessed/minuted) and build irrefutable evidence, for use at appropriate time in appropriate forum.

 

---“because company want us to work in any condition without asking for salary. Some employes have resigned and some are terminated but their account are not being cleared.”

 

All affected employees should join hands and stand as a witness to each other.

 

---“ company has paid my February salary in June and not even other expenses.”

Submit everything under proper acknowledgment (har copies by Redg. Post followed by scanned copies by email…………….obtain POD from PO………..and certified copy of run sheet of postman),  Obtain acknowledgment of all expense reimbursements claims and retain a copy.

 

The employer is unworthy of being employed with. Firm up your next venture ASAP.

What is your helplessness to remain entangled with Line Managers/HR personnel?

 

Submit gentle representations (under proper acknowledgment) addressed to good offices of appointing authority,MD,Chairman,Board of Directors and narrate everything including phone calls (mention names,numbers,date,time),emails,letters,in person, threats,coercion etc,………………..and demand payment of (describe)………………..and salary slips of each month………..!

 

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called BOND?

 Have you signed any BOND? If yes it was created in lieu of what: some certified training paid by employer from some certified Intt. That added to your qualification or some extra ordinary favor and expenses from employer?

Have you submitted your testimonials/certificate to employer or even some security cheque? If yes did company ask to deposit these in writing and did it issue any acknowledgment?

Are you a member of NDR /NASSCHOM? Have you shared the PIN with company?

Since how many months you are working with this company?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

 

Since you have threatened to be terminated you can approach the lawful authority,court of law even now.

 

vishwanath (graduate engineer apprentice )     11 June 2015

Thanks to all experts for your valuable suggestions, your work is highly appreciating.I will collect all relevant documents and go ahead according to your guidelines.

Kumar Doab (FIN)     11 June 2015

You are welcome.

Had you replied to all points, some more inputs would have been possible.

If you are unable to resolve on your own………………….lean on your employee’s/Trade unions leaders.

You must consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters with all docs/communications including SMS/Emails/phone calls on record ASAP, spend quality time with your counsel, understand the merits and remedies  and preferably proceed under expert advice of your counsel.

 

Wish you the best.


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