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Ashu (Manager)     17 January 2015

Pending salaries & full n final settlement

Dear Sir,

 

I worked for the company called Prologue Retail Solution  from Sep 2013 to Sep 2014 as a full time employee with proper appointment letter. The company was not paying the salaries on time due to this reason i resigned from this company by giving 3 days notice period, they accepted this and also given me the relieving letter. I have following this pending on the company yet:-

1:- Last 4 months salaries which they didn't pay me.

2:- Conveyance reimbursement , bonus and LTA.

I have been following up with the company MD for the full n final settlement. Firstly they said that they will do it by dec 2014 but they didn't. After that when i written a mail to MD ,now he is saying that provide me the details of business you generated for the company then i will take action on your fulln final settlement. I provided the details and now MD is not reverting me nor he is picking phone call. I have written several mails but all gone in vain.

The company head office is in Mumbai and i was working in Delhi office which they have closed now .What kind of action can i take against them in Delhi to get my full n final amount.  Please advise me

Thanking You!



Learning

 3 Replies

Jayashree Hariharan (Advocate)     17 January 2015

Please file a case before the Labour Tribunal. 

Before that try getting the money from mumbai office, since it is the head office and delhi office is shut down. 

Kumar Doab (FIN)     17 January 2015

The office at Delhi should have registered under Delhi Shops and Commercial Establishments Act  and should have informed the Inspectorate before closing down the Delhi office and your Labor Law Consultant/Service matters lawyer may ask you a set of structured questions and may opine that you shall be covered by the def. of ‘Employee’ as in this Act and also as ‘Workman’ as in ID Act…… and can agitate at Delhi and can  approach Inspectors appointed under these enactments mentioned above and in addition she may decide to approach Employee’s /Trade Unions too and may contemplate to lodge complaint u/s406,420………………..

 

Unpaid wages are debt on employer and employee can proceed as recover the debt ………………as creditors to the establishment….

 

The designation alone does not decide the employee shall be covered or not.

This Act is so employee friendly………..you may go thru it at:

https://www.lawzonline.com/bareacts/delhi-shops-and-establishments-act/delhi-shops-and-establishments-act.html

 

Even Bombay Shops and Commercial Establishments Act is so employee friendly……….and as per this Act if establishments employ 50 or more person Standing Orders shall apply and if standing orders are not certified Model Standing Orders shall apply……

 

https://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf

 

What exactly the performance has to do with the payment of salary, Bonus,LTA and reimbursement of expenses?

A similar query has been discussed at:

https://www.lawyersclubindia.com/forum/Salary-issues-and-proprietor-s-right-115323.asp

 

 (name of the state) Shops and Commercial Establishments Act…………………..stipulates that earned wages have to be paid by fixed date/day…………and Payment of Wages Act  also stipulates that earned wages have to be paid by fixed date/day…………….Min.Wages Act may also apply…..

Employee can lodge a complaint the moment the payment of earned wages is delayed by even a day and Employer/establishment can be penalized say Rs.7500/instance………..

 

Can an employer, employ a person on wages and deny payment of earned wages citing some targets not achieved :::NO………….

 

 

 Can salary be linked to achievement of targets:::: In all probabilities::::NO.

Incentives on achievement of targets can be proportionately paid…

 

 

 

 

Salary slip duly signed by employer and employee has to be supplied to the employee atleast a day before the disbursement of wages::::You may go thru: Payment of Wages act; Sec13A; Min. Wages Central Rules26(3,4)………………………..then employer is  under obligation to maintain various forms/registers pertaining to payment of wages under  (name of the state) Shops and Commercial  Establishments Rules and you may note that falsification of record is offence……

You might be eligible for PF,ESIC and employer might have defaulted on these…………

 

 

Therefore it is in interest of employer to exercise restrain, strike rapprochement……………….. supply  the acceptance of resignation, service certificate, relieving letter, PF number with a/c slips,ESIC card, salary slips of all months, correct FnF statement, Form 16 as per correct FnF statement, NOC/NDC and  buy peace……..

 

At Delhi you can access Lawyers par excellence and you may proceed under expert advice of your lawyer……

 

 

 

 

 

jitendra sharma (AM)     23 February 2015

Dear Sir ,

             I had join one company ( News Channel Co.) in Delhi last year 2015, Their HO is in Gujarat . I had signed a contract for three years.The condition is if i leave a company i had to leave a salary of month or one month notice period.IF any legal matter goes it will be in court's only.In December month they  ask me to put my paper down due to non performance.Then i done a mail to head sales that right now i don't have any job in hand so give me one month time.If i will not perform myself will give resignation or if i perform i will continue if you say.Then i served the company till 27th jan & on 4th Feb i had resign from my services through mail.After multiple of reminder they send the acceptance mail of my resignation, but not the reliving letter.Taht is OK. Now I am following them for my salary due with them since put on hold.I had mail them for asking that at what tentative date i will receive my due's, but they are not responding.So, please help me how can i get my salary. Thanking you !


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