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Shruti Vichare (Team Leader)     11 June 2013

Full and final settlement not done

Hi, 

My Name is Shruti Vichare, from mumbai. I was working in company for more than 5.8 years, and had recently resigned due to Salary delays, me and my collegues salary is delayed for 4 months now, we have not received our 4 months salary till days, and when adked the managemnet given the reason for short of funds. Now i have resigned from that company and served 7 days notice, but as per my employee agrrement need to served 60 days ie 2 months notice, so shortfall of 53 days, my question is am i eligible to served these noticed when i have not recievd 4 months salary. The company is a Private Limited Firm.

My Second query is we are getting perfomance incentives every quarter, but its since 22 months we have not recieved our incentives, And now after my resignation, i am told that i wont get the incentives amount which is 44000/- and need to do a settlement in this. Inspite of asking the managemnet for these incentives many times, me and my collegues havent receive the amount and the same reason of short of funds given. My question is what should be my steps in getting incetives amount in my FNF amount.

My last query is, i was lieu for the arrers amount in the year 2008 -09 which i have still not received and had asked the management to provide me the same since then, but inspite of their commitments they were failed to provide me my arrears amount. Not after my resignation, they are not ready to provide me my arrears amount which was due in that year. 

I have prepared a sheet of my fnf statement and mailed to them, but they have not confirmed me that too, and told me that they will provide me their fnf sheet after 15 days of my leaving the company. As per my last dicussion they were not to pay me my incentive and arrears amount, where i have not aggreed this and ask them to pay me my full amount.

The company have cheated many employees which left the organisation, and not provided the employees the settlement amount to most of the people yet. And i am scared they will do the same with me.

Please suggest on all the above points, your suggestion means a lot as my big amount is stuck whith this company.

Thanks in advance.



Learning

 1 Replies

Kumar Doab (FIN)     13 June 2013

What is this company: commercial or industrial establishment?

What is your nature of duties?

Generically employee can approach Labor Inspector/ o/o Labor commissioner, Inspector under Shops and Establishments Act, Inspector under Payment of Wages act………..civil court.

Bombay Shops and Establishments Act is so employee friendly.

There are thread indicating employees have lodged criminal complaints under Section 406,420…………….and that unpaid wages can be treated as debt on employer.

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

 

If employer doesn’t pay earned wages on time it is breach by employer of its obligation to pay wages. Ideally employer becomes unworthy of being employed with and employee is left with no other alternative but to look for alternative of employer for his source of livelihood. In such a situation conditions of notice period/pay should become defunct.

Employee should submit written representations preferably by redg. post so as to favorable written record.

It shall be appropriate to show all record to a competent and experienced labor consultant/service lawyer and let your lawyer structure and draft representation s and cover deficiency if any.

Supreme Court of India has put all speculations to rest as far as “Stacking Order od Priorities in secure lending”. This puts dues Workmen’s Dues (pari passu with Bank Dues) at last at number 5……………

You may go thru an interesting thread:

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UboCqdhVMgu

 

 

There are many threads on similar queries which you may find relevant and useful.

In the meantime you may go thru these e.g;

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

 

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

 

 


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