Salary issue
nitin bisht
(Querist) 14 December 2015
This query is : Resolved
dear sir,
my name is nitin bisht . i am current working in a real estate company at Amritsar. maine yaha par 2 may 2011 ko join kiya tha, maughe aap se ye janana hai ki meri gratuity ess company main kab puri hogi ? aur ye company pichle 4 month se salary nahi de rahi hai. aur bina full & final kiye hi jane ko bol rahi hai. esse main what i do? please guide me for this type problem solution.
hum aapke sada aabhari honge. reply me as same email. i.d. nitinbishtjuc@gmail.com
thanks
With best Regards
Nitin Bisht
9041315237
Kumar Doab
(Expert) 14 December 2015
1. Salary: Has to be paid by fixed pay day that can't be later than as described in various enactments applicable to establishment................e.g. 7th of next month and salary slip should be supplied duly signed by employer.
Employee can lodge complaint the moment payment of earned wages is delayed by even a day and employer can be penalized say Rs.7500/instance.
So you may demand salary slip and salary of each month inn writing under proper acknowledgment,from appointing authority,MD,Chairman.......
2. Gratuity: Is it company with 6 days/week working or less than that?
Go thru Payment of Gratuity Act.
Count from DOJ to LWD.It is simple calculation.
In one year employee should have worked for 240/190 days.
So in 5th year if you have worked for 240/190 days then you should be eligible.
3. Asking to resign: Record (audio/visual0witnessed/minuted) and build proof.
Asking to resign/obtaining resignation by force is offense.
If you resign company shall adjust notice period/pay and square off your dues in FnF.
Therefore first write that you are unable to meet expenses and attend to office since salary for last 4 months is not being paid...................In such situation notice period/pay may loose its force.
If you are unable to handle on your own seek help and support from employee's/trade union leaders, labor law consultant, labor officer......................etc
nitin bisht
(Querist) 14 December 2015
Thanks for suggestions..
