Deduction in salry without information
Ajay Kochar
(Querist) 28 March 2014
This query is : Resolved
Respected Sir,
As I m working with a company as Asst.General Manager accounts. at the time of appointment directors committed a 5 lac CTC along with 20 days CL but in actual they are not given the things in writing. They forwarded my appointment letter through email. I joined in March,13 they allotted my salary in two sister concerns. Rs.20 k from one company and Rs.20k from other. From July suddenly they reduce salary in once company by 50% without information. I discussed the same as they given reason verbally that u cant given time to one company (from were sa;ary is deducted)compare to other sister concern we deducted the same and we adjust in other company as you do more work there but till today my salary due is nearly 1 lac and 20 CL also they are not given.They shown my salary in some months Rs.10K and Rs.20 K in some months. No PF ESIC only PT is deducted. As I now demanded my outstanding salary they refused to pay the same even I sent several mail regarding discussion at the time of interview and payment of outstanding salary but they never revert to my mails. What Can I do I have monthly salary sheets with me. Attendance sheet with me along with printouts of EMails of appointment letter and other communication with the directors. PLS SUGGEST ME WHAT CAN I DO TO RECOVER THE OUTSTANDING SALARY.
Kumar Doab
(Expert) 28 March 2014
You are in which state and redg. Office of the establishment is in which state?
What is this establishment: Commercial or Industrial?
How was salary disbursed; by cheque, in cash, by bank transfer……………..?
Employees can drag their employer to court the minute their salary is delayed, even by a day.
However writing to the company first giving details of the amount due and giving the employer time to respond before going to court, makes sense.
This document with POD can become a record of ‘Determined Debt.’
IN your case the employer has willfully not issued any communication agreeing to pay and has not acknowledged the debt.
This is a bit strange situation as you are being paid by the company that has not employed you.
As a AGM –Accounts you can update your lawyer on the tactics and technique used by your employer.
You are employee of the establishment that has issued appointment letter to you. The employer of this establishment has to disburse salary to you.
The appointment letter is issued by email. Does it bear digital signature?
What are the work hours mentioned in appointment letter and did you work for full work hours?
However you seem to have sufficient record to lay a claim.
Still the record may be shown to a competent and experienced labor consultant/service lawyer in person.
It is believed that you have not accepted the reduction in salary in writing?
Did you sign the salary slips or any settlement? Does the salary sheet show deduction/adjustments and if yes under which head?
Does the attendance register show time in /time out etc?
For leave you may refer to leave rules of the company.
If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..
You have the option to approach:
----Employees Unions
--- Trade Unions e.g; CITU, AITUC, INTUC, FMRAI ............................
--- Inspector under Shops and Commercial Establishments Act
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.
--- 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 may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: 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;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uy7VS0eBmXW
Your lawyer can opine whether you would be covered as ‘Workman’ as in ID Act , ‘Employee’ as in Shops and Commercial Establishments Act of the state and under Payment of Wages Act (as per def. of wages in the Act and as per break up of your salary) and whether you are entitled for PF and ESIC or not…………………………
Your lawyer may also examine the merits to file claim for recovery of dues, file for liquidation of company………………………….
An employee employed as Asst. Vice President succeeded in such claim………….
You may go thru:
Delhi High Court
Argha Sen vs Interra Information ... on 12 September, 2005
http://www.indiankanoon.org/doc/1941604/?type=print
There are many threads on similar queries that you may find relevant e.g;
http://www.lawyersclubindia.com/forum/Non-payment-of-salary-92508.asp#.UqRC0tIW1MB
Discussion > Labour & Service Law > Service > Non payment of salary
Ajay Kochar
(Querist) 29 March 2014
Sir, I am working in a pvt.ltd. company in the state of maharashtra and register office also in maharashtra. There is no digital signature on appointment letter and i work for full time but received from official email ID. My salary disbursed in a cheque and I sign daily attendance register with in and out time. for which i taken a scanned copy of two months in which they reduced my attendance to give salary @ 10,000 but shown salary as 20,000 in monthly salary sheet. I also have all 11 months zerox of monthly salary sheet with me. I already forwarded the mails to the management with all due salary calculations for which they are not responding. But i forwarded only one companies salary i.e. 20,000 and recd only 10,000 because other 20,000 recd fully in other company.I am not accepted deduction in salary at all even not sign any where for the settlement of account. I also have original authority letter with signature and stamp of the company issued in my favour saying that I am the employee of the company and attending at Income tax office for the company. I also signed in the documents at income tax office regarding attendance. As I am still working give me a guide lines to make my case strong.
Kumar Doab
(Expert) 29 March 2014
You have posted that:
“i taken a scanned copy of two months in which they reduced my attendance to give salary @ 10,000 but shown salary as 20,000 in monthly salary sheet.”
The reduction in salary is due to reduced attendance. The attendance recorded by compnyn is erratic.
If you have attendance record then you may contest the attendance reduced by employer.
If salary shown is Rs.20000/ but paid is Rs.10000/ then you should contest it.
The employer may claim that the error in posting in salary slip was explained to you in office.
While you are in employment remain gentle and amiable and build favorable record.
The Labor Inspector might be officiating as Inspector under Inspector under Payment of Wages Act, and also Shops and Commercial Establishments Act…………………………..and the Inspector can examine the attendance record and any other record and registers and even call for it in his office.
You can acquire the certified copies from Inspector.
Such evidence shall be irrefutable.
It is reiterated that the record may be shown to a competent and experienced labor consultant/service lawyer in person and you should proceed further after you have understood the merits based on record and inputs.
Rajendra K Goyal
(Expert) 29 March 2014
well advised by the expert Kumar doab ji.
Ajay Kochar
(Querist) 31 March 2014
Sir,
I request you to suggest me, what next step I take, can I work smoothly even not receiving full salary? or sending mails for outstanding salary?
Kumar Doab
(Expert) 31 March 2014
First of all:
Submit a communication in writing under proper acknowledgment with a copy to you (for future use at appropriate time in appropriate forum) addressed to;
-Company's official that prepares and records attendance and that prepares and supplied salary slip and cite the errors and demand to correct and supply the corrected documents by redg. post
-Mark copies to Finance Manager that prepares Form 16 and MD, appointing authority
-if company's officials do not provide any relief submit direct to MD, appointing authority
Initiate efforts to firm up next venture.
If employer is not paying wages then it is unworthy of being employed with.
You can approach lawful authority, while in employment or after separation, as deemed fit at your end.
It is reiterated that the record may be shown to a competent and experienced labor consultant/service lawyer in person and you should proceed further after you have understood the merits based on record and inputs.
Your lawyer may opine that limitation period in your case is 3 years.
YOU must file the complaint under Payment of Wages Act within 1 year.
Ajay Kochar
(Querist) 02 April 2014
Sir,
The situation is, director him self is not replying to my mails and trying to escape from outstanding payment. But as you suggested I forward the mail to HR dept who calculate my salary, who mentioned a wrong figure of present days in attendance cum salary sheet. Can I stop working or slow working to revert them as they pay me short salary.
Kumar Doab
(Expert) 02 April 2014
NO, you must not resort to stop working, slow working.
Mend your style and remain amiable, gentle.
If you want to quit, tender proper notice and get relieved properly.
Since you are AGM-accounts download full proof of all accounts handled by you as proper and complete.
