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Deepak (Manager)     01 June 2014

Due salary not being paid

Hi Sir,
 
I worked in INVALUABLE TECHNOLOGY PLANET PVT. LTD. Registered with LLPIN/CIN/1A Ref No: U72900DL2011PTC220011 for 9 months as a Sr. SEO but I am given a salary of only 5 months. After much delay in transferring salary I left my job finally and on the last working day the director of the company assured me that my pending salary will be transferred very soon, but now 3 months have been passed and no further payment of my salary is being made. 
 
I request you to please provide guidance for recovering my pending salary from my employer.
 
Your HelpSeeker,
Ashok Kr. Varshney
9990490288


Learning

 6 Replies

Kumar Doab (FIN)     01 June 2014

What is this establishment: Commercial, Industrial, Small Enterprise?

The registration certificate might have been displayed near entrance or you have to find on your own.  

You were located in which state? Does company have an office at your location?

Redg. office of the company is located in which state?

 

What is trade of this company: IT, Banking etc…..?

How many people are employed in it?

 

Does the company have its certified standing orders(CSO) and has it been extended to your designation?

 

What was your designation and nature of duties…?

 

Did the company provide offer letter and appointment letter (both),salary slip, PF, ESIC, Group Insurance, Form16 etc?

Did you tender notice of resignation and do you have its acknowledgment, serve notice period, submit final resignation letter and handed over the charge/company property under proper acknowledgment?

Have you submitted any reminders, in writing and do you have copies?

Did the company any FnF statement?

This info shall help, hence post it.

 

 

S K KARNjhc (Legal Adviser)     01 June 2014

Mr Deepak, Mr Doab is putting very genuine facts which are required to be addressed before reaching  to any conslusion. You need to put more facts to enable anybody guiding on legal facts, thank you very much.

Pradeep kumar Tiwari (Advocate)     01 June 2014

First u give notice of reminder for payiing remaing salary. if they not pay than u file recovery suit under wages act in labour court.

y

pradeep tiwari

Adocate

T. Kalaiselvan, Advocate (Advocate)     03 June 2014

First ascertain your position in line with the queries raised by expert Mr. Kumar Doab, also you clarify all those issues if at all you really  intend to get proper opinion from legal experts from this forum.

Deepak (Manager)     19 June 2014

Sir,

This is an IT company involved in building websites in PHP, HTML, Open Source programming like wordpress, joomla and also doing Search Engine Optimization for client websites. It is an Industrial Establishment.

 

This company has not displayed any registration certificate on main entrance but it is registered with mca.gov.in having LLPIN/CIN/1A Ref No: U72900DL2011PTC220011.

 

 

I am located in Delhi state and was working in this company when it was located in 31st Sant Nagar, 4th Floor, E.O.K, New Delhi - 110065.

 

Registered office of the company is located in 31st Sant Nagar, 4th Floor, E.O.K, New Delhi - 110065.

 

Trade of the company is IT and 8 people use to work in this company when I used to work in this company in 2013 and 2014.

 

I have no idea about certified standing orders(CSO). What does this term means in the context of a company.

 

My designation was SEO Manager and nature of job was to do promotion of the client websites so that they rank well in Google.com by doing Onpage and Offpage on the client websites.

 

Yes the company provided me offer letter and appointment letter both in the initial phase of my job while salary slip was provided on request of the employee. No other benefits like PF, ESIC, Group Insurance or Form 16 was provided or asked from employee to avail for their benefit.

 

Yes I served proper notice period asked by the company to serve. I properly resigned by emailing from company email id to the owners of the company. On the day I informed them about my resignation I asked them both when will they provide me relieving letter and experience certificate. The two owners of the company Rohit and Shabnum said that they will provide it on my last working day but on my last working day the owner Rohit, very cleverly skipped coming in the office saying it is raining heavily and he will provide it as a soft copy but that soft copy I never received inspite of requesting by me several times on emails as he and Shabnum started not picking my calls.

 

I have reminders of giving me relieving letter in emails and I could provide you. As far as FNF statement is concerned the two owners promised me two days before my last working day to settle my remaining salary within upcoming 1 or 2 months maximum. But that FNF never happened as whenever I reminded him on emails to do FNF he only mailed me that because of you company has undergone losses he is unable to settle my salary as company has no funds right at the moment.

Kumar Doab (FIN)     20 June 2014

 

 

Although you have mentioned it is Industrial Establishment.

IT/ITeS companies are registered under Shops and Commercial Establishments Act.

 

You may check again and company might be registered under Delhi Shops and Commercial Establishments Act.

 

By your designation and nature of duties your lawyer may opine that you shall be covered as ‘Workman’ as in ID Act………………and ‘Employee’ as in Delhi Shops and Commercial Establishments Act.

 

You may show all communications on record to a competent and experienced labor Consultant/Service Lawyer…………………….

 

 

Your lawyer can submit fitting reply to the charges of employer.

 

 

It is so easy to state that employee has caused loss but the charge has to be proved…………………………..or it may get termed as fraudulent attempt to deny payment of earned wages to employee.

 

Earned wages is debt on employer.

 

The deduction from wages is well defined in enactments applicable and labor laws……………………………and employer can not violate.  

 

The establishment has to register and obtain code for PF, ESIC………….

 

If at one point of time it has requisite strength of employees then even if no. of employees comes down to 10 the PF,ESIC shall remain applicable and if your wages were within wage ceiling as defined for both, the employer has to provide for both.

Form16 has to be issued or the deductor (employer in your case) can be penalized.

 

 

 

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:

----Employees Unions : There are employees unions that have done good job. There are IT/ITeS employees unions too…….

 

 

 

 

--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.

--- Inspector under Dehi Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.

You may go thru;
Delhi Shops and Commercial Establishments Act
And
Delhi Shops and Commercial Establishments Rules

These should be available on the website of Dept of labor Delhi or you can buy from market.

 

Delhi Shops and Commercial Establishments Act:

 

 

 

 

Sec: 30. Notice of Dismissal: (2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing.

 

(a) Applicability of section 30

The protection of the provisions of the section is available to all persons who fall within the

definition of the term “employee” as given in section 2(7) of the Act and who have put in three

months’ continuous services. In the absence of any standing orders or any contract between the

employer and the contesting respondent containing any particular terms or conditions, the

conditions of service of the employee relating to his employment in an establishment at Delhi are

covered by section 30(1) of Delhi Shops and Establishments Act, 1954;

 

(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the

application of the Industrial Disputes Act, 1947

 

 

37. Powers and duties of the Inspector.

(b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;

 



--- 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. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you he may proceed for recovery of wages.


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

----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR
----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=72072011&offset=1#.UvYBGEeBmXV



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




The employees have even filed Winding Up petitions and have succeeded.

 

>>> IN addition to your unpaid wages you may also demand to supply you the acknowledgment and acceptance of notice/resignation, correct FnF statement for verification and acceptance by you, salary slip of each month of employment, payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number a/c slips of each year of employment, ESIC card, service certificate, NOC/NDC, …………etc

 

 

Let employer reply whatever it wants.

 

 

At Delhi you can access Lawyers par excellence.

 

You may proceed under the expert guidance of your lawyer.              The lawyer that has seen all docs and examined the inputs in person can advice you the best.

 

There are many threads that you may find relevant e.g:

 

 

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U6PBGpSSwb8

 

 


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