Non Payment of Salary for one and half years and also gratuity
devakidevi
(Querist) 06 May 2011
This query is : Resolved
Dear Sir/Madam,
I request to kindly guide me how to proceed further in this case.
My husband was working in a software company as a consultant. He had been working for almost 6years. The company was not paying him salary for one and half years. One day the company had asked him to take leave without pay. He was told verbally to do this. Then they asked him to voluntarily give a letter stating that he himself was interested in going on leave without pay. The company also said if you sign the above letter voluntarily you will get half of the dues in the form of cheques which will be encashed every month. The rest of the dues will be looked at later and there was no gaurantee of giving the rest of the dues. so my husband did not sign any letter and he also didnot get any dues of one and half years. He was asked not to come to the office. He had talks with top management also but they were not interested in giving the dues. Meanwhile he joined in a different company and resigned from the previous company. He has sent a letter by registered post to the previous company for the claim of gratuity, but the letter was returned back stating that there was no company.
I request to kindly guide me and my husband how to get the amount from the previous company as it is a large amount and is going to help us in our life.
Thanking you
Kamal Prasoon Sinha
(Expert) 07 May 2011
Since your husband was working as a consultant (Professional on contract, he may not be eligible for grauity. Plz check the Employement Contract Letter, what are the benefits your husband was eligible for?
Generally people working as consultants get their professional fees against the invoice (bill)they raise to the company.
Thanks
Kamal Prasoon Sinha
