Getting threatening calls from previous employer
Aditya
(Querist) 09 October 2013
This query is : Resolved
I was working in local private firm but due to every month salary delay I left job. Employer didn't paid my last month salary and he is making threatening to give Rs.10000/- and If I don't he will file complain fraud and 420 case on me.
We don't had any kind of contracts or even single mail which shows I was bound with any kind of responsibility with his company.
Should I ignore it & if he file complain does my case will be stronger.
I was signing sale bill only in that my sign is available with him and he was paying me salary in cash only no ESI, no PF nothing.
Please guide me in this matter I am getting depressed due to this please help me out.
ajay sethi
(Expert) 10 October 2013
next time your ex employer calls up record the telephonic conversation . if calls continue file police complaint
ajay sethi
(Expert) 10 October 2013
next time your ex employer calls up record the telephonic conversation . if calls continue file police complaint
R.K Nanda
(Expert) 10 October 2013
LODGE POLICE COMPLAINT.
Vidhi Joshi
(Expert) 10 October 2013
record the conversation and lodge a police complaint
Thyagarajan
(Expert) 10 October 2013
You have put yourself in trouble working for a private firm without any contract with employer on any subject like timely payment etc.In absence of contract the employer can not sue you for deserting him.
Tell the facts to nearest Police station giving your employer's phone number.
Rajendra K Goyal
(Expert) 10 October 2013
Record the threatening calls and lodge FIR.
Kumar Doab
(Expert) 10 October 2013
As advised by experts record the phone calls.
The employer should issue appointment letter and thus keep service conditions as transparent and upfront.
The Shops and Commercial Establishments Act of many states has inserted clause on Issuance of appointment letter.
Since no appointment letter is issued no notice period should be applicable.
PF, ESIC, Gratuity are social security tools and employer is under obligation to comply or face penalty, punishment including imprisonment.
Employer is under obligation to issue pay slip and get it signed from employee.
Employer can be penalized for Non Payment of wages on prescribed time and penalty for one instance can e Rs.7500/………………
Non payment of wages by employer renders employer as unworthy of being employed with.
The employer is under legal obligation to keep
formats/forms/registers/records/service card as prescribed I labor laws including Shops and Commercial Establishments Act…………………………..
Trade unions are sensitive to such matters. Be a member of trade unions. They know the precise manner to drills sense into the heads.
The lawyers are well versed in labor/criminal laws. Legal notice can drill sense into the heads.
Unpaid wages can be claimed as debt on employer………………….
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
There are threads to indicate that employees have been contemplating to approach police to lodge criminal complaint u/s 406,420…………………………….
A female employee made an employer bring seal and letterhead in police station and issue the payment of wages, relieving letter on the spot………………….
>> Inspector under Shops and Commercial Establishments Act of the State…………
>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)
2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
13A. Maintenance of registers and records: 1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
>> RPFC in o/o PF Commissioner
>> Inspector in Local/jurisdictional ESIC office………….
Raj Kumar Makkad
(Expert) 12 October 2013
I also endorse the views of the experts.
Aditya
(Querist) 15 October 2013
thanks a lot from heart all of you.
Special thanks to Mr.Kumar Doab who well describe all the points.
It will help me a lot to take further in future.
