VIKAS VERMA (Sales Executive) 10 December 2013

Salary not received

September - 6 Days

October - 21 Days

November - 6 Days.

Total salary comes out to be Rs.18084.

I joined vXplor Adventures on 25th september 2013 and resigned on 7th of november 2013.

During tenure I was never paid any salary and whenever I asked for my salary they would say that it's going to take some time as they were opening a new salary bank account for me. Realizing that I would never get paid here I resigned on 7th november and served 44 days there.

Now the Head of the company Mr.Vibhav is saying that he won't be paying me for saturday , sunday and Diwali holidays, which were holidays for all the employees there but for me he has made this special rule.

When I told him that this is not justified and I have earned my salary & I want it to be paid in full , he said he can change the company policies whenever he wants to.

He is saying that I won't be paid salary for Week off's ( ie 1st Saturday , 3 rd saturday and sundays , which are off as mentioned in vXplor policies and Diwali holidays which were off for everyone and they even marked me absent for a actual holiday just to compensate these Diwali Holidays. )

When I told him that such things were not mentioned in the vXplor policies and such things are never followed in any organisation and you get paid for saturdays and sundays which are obvious holidays including Diwali holidays as well, he said that he will be doing this only and he doesn't want any discussion over it.

I want to take legal action now as they are paying me for 21 days even when I worked for 33 days, apart from that the reporting manager is always abusing and the atmosphere there lacks common decency.

And they act as if they are doing some favor giving me my salary, I have earned it and I want it to be paid in full.

Kindly help me!!

I am also re leaving letter. I also have the voice recordings of Mr.Vibhav clearly denying me my salary .

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9 Replies

Kumar Doab (FIN) 10 December 2013

Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc

Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.

If you have tendered notice of resignation due to non payment of wages and treating the weekly off days/holidays as unpaid then there is nothing wrong in separation by resignation as employer is unworthy of being employed with.

Since employer has been unwilling to pay the earned wages the employer on his own must waive off the notice period if any. Moreover the notice period is as per standing orders (certified/Model) as applicable to the establishment and extended to the designation of the employee and notice period stated in standing orders shall prevail upon appointment letter. If notice period/pay in standing orders is NIL it shall also be NIL in appointment letter.

As per Model Standing Orders notice period/pay during probation period is NIL.

Notice period/pay is stated in Shops and Commercial Establishments Act of the state and as per length of your service it may be NIL.

Since employer has not been paying the earned wages it must have not paid the contributions of PF,ESIC, group insurance etc also......................................and must have not deposited TDS.

The non payment of wages, issuance of wage slip that should be verified and signed by employed as acceptance, is default by employer and can be penalized.

The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................

The relieving letter in your custody implies that there is nothing due to be done at your end.

There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

And to approach employer as creditors treating unpaid wages as debt on employer.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include theHR personnel, Manager Finance, appointing authority and MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act;

-Inspector under Payment of Wages Act

-RPFC, Addl. CPFC n the state, CPFC......................for PF

-Jurisdictional ESIC Inspector, for ESIC

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

-o/o Labor commissioner

-Civil Court.

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

The formulae for calculation of wages is Monthly salary/26*no. of days in the month

If you have resigned on 7th Nov then for Nov you are entitled for 7 days wages.

VIKAS VERMA (Sales Executive) 10 December 2013

Mr.Kumar what should be my next step?

And my CTC was 204000 and a monthly salary of 17000. Working days were =33

So does it goes like this 17000/26 or 17000/31?

I also have the voice recordings of Mr.Vibhav the director of the company clearly stating that he wont be paying for the week off and I should accept the ammount he is offering me!!

Kumar Doab (FIN) 11 December 2013

Refer to the clauses and provisions of (Name of your state) Shops and Commercial Establishments Act, Payment of Wages Act, Model Standing Orders, (Name of your state) INDUSTRIAL ESTABLISHMENTS (NATIONAL

AND FESTIVAL HOLIDAYS) ACT, Name and Contact details of Inspectors under various enactments, Labor Officials, Trade Unions list must be available at the dept. of labor website of your state or you can buy the latest version from market.

You may also download the leave policy of the company and list of holidays.

After reading your latest post it is suggested that you may discuss with elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders and mater shall be crystal clear to you.

It is good that you are vigilant, have put in efforts to build evidence (recordings) and are determined.

The approach of employer is wrong, unfair, illegal, unlawful..............................

You have taken the right decision by deciding not to work for such unscrupulous employer.

The formulae for calculation of wages is Monthly salary/26*no. of days in the month

The monthly salary is as stated in appointment letter issued to you.

Weekly off days/holidays are paid days.

Demand wage/pay slips of all months and all other docs as already discussed, and submit your claim of wages, reimbursements as per your calculation in writing under acknowledgment. Amounts stated in CTC are committeement’s as per bilateral agreement signed by employer.

If the employer forces to sign the FNF statement/settlement but the FNF is not correct employee can withdraw the acceptance and claim that it was extracted under coercion, intimidation etc whatever it is and since it is not correct it is not accepted and acceptance given on dated stands withdrawn and pending amounts ...................................(provide details ) be paid.

You can approach all authorities as already pointed out.

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

VIKAS VERMA (Sales Executive) 12 December 2013

Sir, I wrote the Head Hr and Mr. Vibhav this mail

"" Hi

Good Afternoon

It has been 80 days since I joined vXplor Adventures, joining date being 25th september and resignation date 7th November, even when I was working there I wasn't paid my salary and I was constantly told that I will get my salary on 10th of the next month , October and November passed but still my salary wasn't paid to me.

My tenure there was of 44 Days out of which 33 Days are salaried days , but according to Mr. Vibhav he won't be paying me for week offs ( ie saturday , sundays and Diwali Holidays which were off for everyone and are paid holidays ) , I have been trying to contact him but he is not picking up my calls.

It looks like I am begging for my salary and according to Mr. Vibhav I haven't earned a dime in it! This type of attitude/ behavior was never expected from his end . This is purely illegal what he is trying to do.

I have the attendance register copy that can prove my tenure and a copy of vXplor policies in which there is no where stated that week offs are not paid. DSR were supposed to be filled in the DSR sheets which were shared with Mr. Vibhav and Mr. Achlesh and there is no where mentioned in the policies that DSR should be mailed to Mr. Vibhav specifically !

Plus it is also mentioned in the policies that after resigning from vXplor all dues must be paid within a month , and here in my case it has been way more than that!

I have voice recordings of Mr. Vibhav clearly denying my rightful salary and trying to mould the policies according to his will .

I have earned my salary by hard work and dedication and I used to come from Rohini and my daily petrol charges were Rs.500.Even for roadshows I was expected to use my own convince ,my Convince charges only are above Rs10000,

I wanted to be a part of vXplor that's why I put in this much time,effort and money in vXplor.

And this type of behavior not paying salaries , creating policies according to your will , will clearly destroy the image of the company and that is the reason why people usually leave this company and nobody wants to work here more than a month.

I out of patience now and done calling and convincing him to pay my justified salary.

I am attaching the re leaving letter , vXplor policies along with the attendance register in this mail .

Let me know what is the final decision from your end or else I'll have to seek Legal help.

And he is still not ready to pay me my full salary ie of 33 days and saying that salary of 21 day will be paid.

Sir , can you please tell me my justified salary?

monthly pay being 17000 and salaried days 33 !

and what to do next?

Thanking You

Vikas Verma

Kumar Doab (FIN) 12 December 2013

You are your self agreeing that out of your tenure of 44 days working days are 33.

How come it is possible should only be known to you.

If DCR are not received in company submit the copies under proper acknowledgment.

It is once again reiterated that let your communications be structured by elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders......................

Enough has been suggested.

If company does not provide any relief after your mail then you know whom to approach.

VIKAS VERMA (Sales Executive) 12 December 2013

I was very ill for a duration of 8 Days for which I gave them a medical certificate too!

Kumar Doab (FIN) 12 December 2013

From your last post it is guessed that you were at Delhi.

Delhi Shops and Commercial Establishments Act is so employee friendly.

The employer shall grant paid sick leave to you also, as eligible as per length of your service and also compute paid annual/EL in your FNF statement and pay it.

If you have worked on any holiday/off day you should be paid double wages, and if on some national holiday then compensatory off and double wages may be permissible in your case.

You mat refer to it and Sec: 2(5) (7)(8)(14)(28)(30).............................. COMMENTS Sub-section (14)—“working hours”, Sub-section (28)—”spread over”

8 (a) Mode for calculation of overtime wages

13, 19, 20, 21,

22: Leave.: (b) in every year, to sickness or casual leave for a total period of not less than twelve

Days

(ii) an employee who has completed a period of one month in continuous employment,

shall be entitled to not less than one day’s casual leave for every month:

(1A) (i)

(2) If an employee entitled to leave under clause (a) of sub-section (1) of this section is

discharged by his employer before he had been allowed the leave, or if, having applied for and

having been refused the leave, he quits his employment before he has been allowed the leave,

the employer shall pay him full wage for the period of leave due to him.

23. Wages during Leave

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.

{{{Implies for employment<3 months notice period/pay is not applicable.}}}

33: Records.

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;

It is once again reiterated that let your communications be structured by your........................... lawyer/law firm......................

If company does not provide any relief after your mail then you know whom to approach.

All of the enactments cited should be available at the website of Dept. of Labor Delhi, with your lawyer or you can buy the latest version from market.