Please paste a format of legal notice to ex-employer for the payment of due amount of salary
Yashodhara Rao
(Querist) 12 January 2015
This query is : Resolved
Dear Experts,
Please paste a Format of Legal notice to ex-employer for the payment of due amount of salary.
I have already asked them to pay it but they refused to do so and now it is 5 months since I left them.
Regards
Kumar Doab
(Expert) 12 January 2015
There is no such format. As per facts of the matter demand notice/Legal Notice can be prepared and issued.
Other thread initiated by you is at:
http://www.lawyersclubindia.com/experts/Query-499611.asp#.VLPXbcuUcqM
Hope you will appreciate that few basic information as asked in above thread and a few more would be required before you approach the appropriate forum………………………………..whereas you have not posted such information in above thread too……….e.g. has the company declined to disburse the payouts:::if yes who has stated so? Has it been recorded (audio/visual/minutes/witness) etc? What is the reason for declinature?
A final representation addressed to good offices of appointing authority, MD can be submitted and all representations made so far, replies etc can be narrated e.g. in person, by phone, email, letter etc………….and dates,names etc should be mentioned…
You are a law practitioner yourself…………..and probably you are either yourself affected employee or you are representing some client.
You can meet a senior Labor Law Consultant/Service matters lawyer appearing in Labor Court/CGIT and seek their guidance.
If the real employee is covered as ‘Workman’ the ALC (state/central as per appropriate government in the case) may deem it fit to issue Form’N’…………..and employee shall have to appear in person thru AR/Labor Law Consultant/Lawyer and issue demand notice………and as per amended ID Act the workman can approach Labor Court, directly……
If the establishment is covered by (name of the state) Shops and Commercial Establishment Act and real employee is covered as ‘Employee’ as in (name of the state) Shops and Commercial Establishment Act then Inspector appointed under this Act can be approached as one of the duties of the Inspector is to ensure the wages are paid on time and FnF wages are also paid on time and requisite service certificate is issued.
FnF wages are also to be paid max. by usual/fixed pay day or the employer can be penalized.
There are number of forms/registers that employer has to maintain to record the disbursement of wages under (name of the state) Shops and Commercial Establishment Rules…………………..and employee can obtain thru Inspector or pursue RTI route….
If the wages of the employee are upto Rs.18000/pm as per def. of wages in Payment of Wages Act the employee can approach Inspector appointed under this Act and under this Act it does not matter the person is covered as ‘Workman’ or ‘Employee’ or not……….within 1Year from date of the cause………Salary slip has to be issued to all employees duly signed by employer and employee and record has to be maintained for 3years……………….refer to Sec;13A……………..
The Labor Inspector in local o/o Labor Commissioner might also be officiating as Inspector under other above mentioned Acts too.
If the employer is an Advocate/Law firm then you may check if (name of the state) Shops and Commercial Establishment Act covers such office or not……………and the person shall be covered as ‘Workman’ or not!
Labor Law/Service matters is different filed and there are few experts, specializing in this filed in each town and such experts should preferably be approached, in person with copies of all docs on record, before proceeding further.
Unpaid wages are debt on employer and winding up petition can be filed.................complaint u/s 406,420 can filed........
The lawyer that has examined all docs on record can advise the best.
V R SHROFF
(Expert) 13 January 2015
no formats here...
ajay sethi
(Expert) 13 January 2015
we dont provide formats
Yashodhara Rao
(Querist) 13 January 2015
Thank you experts and special thanks to Mr. Kumar Doab for explaining all it required.
