Salary issue
aditi
(Querist) 04 June 2014
This query is : Resolved
i joined a real estate company named villa realtors pvt ltd in sep 2013. for a few months they were not making the payment on time so on 16th may i resined from my company and they accepeted. now they are not releaving my salary of 16 days.as an eveidence i have offer letter and appointment letter of that company. they have done the same thing with some other employees alsO. Please suggest me something.
Kumar Doab
(Expert) 07 June 2014
Did you submit resignation with immediate effect or notice of resignation?
Do you have copy, acknowledgment of submission, POD?
Did the company accept it in writing and do you have the copy of acceptance?
You and Redg. office of the company are located in which state?
What was your designation and nature of duties?
How many employees are employed in this company?
If you have submitted notice of resignation with full notice period mentioned in it (as per appointment letter issued to you) then notice of resignation can’t be accepted before expiry of notice period…………………………………
The employer may offer to tender notice pay (@ last drawn salary with all allowances) and it is subject to your acceptance………………………
You may demand to supply the acknowledgment of resignation, acceptance of resignation, relieving letter, service certificate, certified copy of service card, correct FnF statement (showing payment of bonus-leave encashment-performance bonus-incentives-etc), payment of FnF dues by Bank DD only,form16 as per correct FnF statement, PF number and a/c slip of each year, salary slip of each month, NOC/NDC……………………………etc so as to reach you thru redg. post within say next 7 days.
The day for payment of FnF wages is last day in office or in next 3 days or max. by usual pay day.
Employee can lodge a complaint the moment his wages are not paid and delayed even by a day and employer can be penalized say by Rs.7500/instance………………
All affected employees may join hands and stand as a witness to each other.
All affected employees can lodge joint complaint too under Payment of Wages Act…………….
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in (name of the state) Shops and Commercial Establishments Act………….
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under (name of the state) Shops and Commercial Establishments Act, If it is commercial establishment.
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: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- 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#.UvYBGEeBmXV
http://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
The employees have even filed Winding Up petitions and have succeeded.
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary credit details, salary slips, Service rules and regulations, Policies handbook , ………………………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
