Non payment of salary
Siddharth
(Querist) 10 September 2014
This query is : Resolved
hello ,
i am working with a realestate firm, which have not given me salary from past 3 months and now they are saying to put papers without giving salary, when i said thats its unfair then they are saying that you have signed undertaking for target based salary, is it legal , please suggest what step should i take, i am suffering from mental pressure as well as financially choked so plz suggest how can i get my salary
Kumar Doab
(Expert) 11 September 2014
Record all calls/meetings (audio/visual) threats /demand for resignation……………………………………..
Forced resignation can be termed ………….offence……………………..deemed termination……………………….you shall need to have evidence.
Submit written representation under proper acknowledgment to appointing authority, MD, Chairman……….. and narrate all previous representations made in office …………………………….mentioning names/designations…………………….brief minutes of discussion.
Complaint can be lodged with:
Employee’s unions
Trade Unions
Inspector under Payment of Wages act
Inspector under (name of your state) Shops and Commercial Establishments Act
o/o Labor commissioner
u/s 406,420
If you tender resignation company shall be pleased square of your dues by adjusting notice pay…………………..
You should preferably approach an able Labor Law Consultant/service lawyer and proceed under his expert advice.
Siddharth
(Querist) 11 September 2014
thank you kumar sir, but clear one more thing that is undertaking taken by employer is legal as it is taken on a simple ppaer, not on companies letter.
Kumar Doab
(Expert) 11 September 2014
It is target based salary or target based commission?
You have been issued appointment letter or not?
This is without looking into the undertaking signed by you::::: The employer can not recruit on wages lesser than Min Wages!
Show all docs to an able Labor Law Consultant/Service Lawyer.
Siddharth
(Querist) 11 September 2014
yes i have got both offer and appointment letter nothing is mention in it, a separate page of undertaking is given in to us after joining. but nothing is mentioned in appointment.
Kumar Doab
(Expert) 11 September 2014
Who had asked you to sign undertaking?
Employee should always consult elders in the family, competent and experienced well wishers, Labor Law consultant/service lawyer, Employee's union/Trade union leaders before signing blindly on the dotted line.
Approach them and lawful authorities as mentioned in previous post.
You will have to agitate now to get your payment.
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
First issue them a legal notice demanding your arrears of salary, if they do not respond, proceed with a case against them in a court of law.
