Employer not releasing my salary
Abhishek srivastava
(Querist) 06 February 2015
This query is : Resolved
Dear sir I have been working since last two months on the basis of offer letter since then I haven't received my salary please guide me what remedies do I have
Guest
(Expert) 06 February 2015
Better try to sort it out amicably.Legal methods would be more expensive and time consuming.
P. Venu
(Expert) 06 February 2015
You have the option of taking up the issue under the provisions of Payment of Wages Act.
Rajendra K Goyal
(Expert) 06 February 2015
If you take legal path it would be time consuming and may result in tense relation with the employer.
Why they have not released the salary? Talk to your boss for amicable solution.
ajay sethi
(Expert) 06 February 2015
leave the organisation . issue legal notice for recovery of salary arrears
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
If the history of employer is reportedly erratic, you may think of quitting the employment and look for a new one while sending a legal notice demanding your salary and arrears as well along with the notice for resignation.
Abhishek srivastava
(Querist) 09 February 2015
Dear sir, rajendra kumar goal ji the issue is my employer is in practice to not pay whether it's my salary or government taxes and other payments too usually they deffer payments and finally refuses to pay. I resigned from there and they assured me they will give full n final settlement along with reliving letter but after ample efforts I fail to recover amount from them my another coligue resigned on Saturday reason was same not receive salary in time moreover so please tell me what I should do I m very much fedup please urgent reply
Regards
Abhishek
Kumar Doab
(Expert) 09 February 2015
Submit final representation addressed to good offices of appointing authority,MD,Chairman, narrating all previous representations by phone/emails/in person etc (mention names,dates,brief minutes of discussion,assurances........dates of payment given etc) and that you had no other option to resign since earned wages were not being paid and notice period in such case has lost sanctity ..................and NO tasks were pending at your end........... demand all pending payouts by DD only and docs by redg. post only so as to reach you say in next 7 days.......
Are you a member of any employee's/trade unions?
YOu can approach: Employee's unions/Trade Unions,Labor Law consultant,Inspector appointed under (name of the state) Shops and Commercial establishments Act/Payment of wages Act, O/O Labor Commissioner....
Similar queries have been discussed in many threads and you can pick up relevant points..........
http://www.lawyersclubindia.com/forum/Relieve-before-notice-period-116215.asp#.VNYs3c-qr5Y
http://www.lawyersclubindia.com/experts/Non-issuance-of-relieving-letter-522061.asp#.VNYs_8-qr5Y
For PF: You can lodge complaint thru RPFC in nearest PF office
For ESIC: thru jurisdictional ESIC office
For Form16: ITO-TDS where you file ITR and CIT-TDS where employer files ITR
Abhishek srivastava
(Querist) 10 February 2015
Kumar doab ji thanks a lot for your valuable suggestions. Let me brief you sir I joined this Org (########) on dated 27 Nov 2014 as accountant monthly salary 19k on 7th day of Jan I requested my employer to release my salary due to some very urgent payment and she said she will give in morning later on again I reminded but she deffer again other side my pain were increasing because continous reminder was useless finally in 17th I resigned with reason that due to non payment of salary in time i m resigning. She arranged an other employee and give me instructions to handover all documents to her I gave all files and documents to her (new employee) and taught her working of mine finally on 23.1.2015 she says to me you may leave now I asked her (prop. / owner) for my full n final settlement she assured me after 26 Jan I will give. On 31 Jan I again reminded her through mail but she didn't reply then on 3 Feb I personally reach at office but she was not there I called her she replied very rudely I am busy talk to me later. Then I again mailed her on 5 Feb 2015 but she didn't reply I called her on 7 Feb she replied talk to me on Monday finally I called 5 times and every time she disconnected my call then I decided to again visit office for talk on this issue with her. After seeing me she shouted on me and started misbehave with me and said never come in office I will not give you anything I requested her that I am only demanding my salary not loan from you on this she started very very misbehave. After all I am very much disappointed. I wanted to file suit against her but I have not ample amount to fight case :( feeling very bad what should I do. I have some evidence which is sufficient to prove that I worked there please advise me what should I do? Please urgent reply
malipeddi jaggarao
(Expert) 11 February 2015
Loosing good money against bad money by fighting this type of cases for just 2 months salary. Forget and start new life.
Kumar Doab
(Expert) 12 February 2015
One good step you have taken is that you have mentioned the reason for resignation i.e. non payment of earned wages................in such case the condition like notice period/pay should loose its sanctity.........and employer may not succeed to square off the dues by adjusting notice period/pay.............moreover for a service period of 2 months/probation period notice period might be NIL as per enactments mentioned above in previous post.............and your counsel might opine that you are covered as 'Employee' and 'Workman'......
Second good step that you can take is by becoming member of employee's/trade unions like CITU/INTUC/AITUC/BMS.................etc......and the union leaders know precise ways how to handle such matters...........
Also if you can............then you may appear as 'Party in Person', if required........
YOu can certainly approach lawful authorities as mentioned above in previous post..................as far salary is concerned (Rs.19000/pm) the break up might be shown to your counsel and as per def. of wages in various enactments you may be covered by all of the Acts....
You can rightfully demand to supply you the acknowledgment of resignation, acceptance of resignation,FnF statement and payment of Fnf wages, Salary slips of all months,PF a/c number and a/c slips of all years,ESIC card,Form16,NOC/NDC,service certificate, relieving letter..........
The rowdiness of the bosses/employer is not a new thing and has been accepted and accounted by courts of law in many judgments............
Your counsel can help you to narrate all representations made so far and coercion/intimidation/rudenss etc of the employer.................by letter/legal notice/demand notice .....................under proper acknowledgment.......
As per amended ID Act, the workman can approach the labor Court directly........
The employer is obviously unwilling to pay and there is no reason to leave fruit of labor i.e. unpaid wages as parting gift or charity....
Unpaid wages is debt on employer............and your counsel may opine that you can lodge complaint u/s 406,420..........file winding up petition too......
The employee can lodge a complaint the moment the payment of wages is delayed even by a day and can be penalized say rs.7500/instance.....
There are employees that can implement the suggestions and resolve their matters...........
One such employee has posted in a recent thread at:
http://www.lawyersclubindia.com/experts/Non-issuance-of-relieving-letter-522061.asp#.VNy7ss-qr5Y
If you are unable to resolve on your own seek help and support from your counsel and lawful authorities,court of law....
