Salary not paid in corporate office-mumbai
SUbhasish
(Querist) 03 August 2012
This query is : Resolved
Please suggest any legal protection/action for employees who do not come under Labour category but are under managerial level but employer not paying salary for last 9 months.
PF not deposited , IT / TDS not filled, Form 16 Not given . Ful and Final settlement not done for ex-employees.
Does our law protect the highest IT payers of the society in such cases . Whats the immediate step to be taken ?

Guest
(Expert) 03 August 2012
Instead of generic academic type question, better explain specific problem in specific case, if that relates to you.
Sudhir Kumar, Advocate
(Expert) 04 August 2012
you problem :-
PF not deposited ,
You have not specified if the PF was deducted. If PF was deducted and not deposited then it becomes an effecnce u/s 406 of IPC and local than can act without complaint from PF Office, on complaint by effected person.
This is also an offence under EPF&MP Act 1952. You can complain to the RPFC concerned.
IT / TDS not filled, Form 16 Not given .
Complaint lies to Income tax deptt.
Ful and Final settlement not done for ex-employees.
if emplopyees fall in "workman" category they can approach labour court and other can move to civil court.
SUbhasish
(Querist) 06 August 2012
Reply @MR. Dhingra :
Instead of generic academic type question, better explain specific problem in specific case, if that relates to you.=>
It relates to me and bunch of other employees in HO who do not come in "workman" category . Our Salaries are not paid for last 9 months -Kindly suggest steps to activate third party intervention.
SUbhasish
(Querist) 06 August 2012
Reply @Mr. Kumar :
if emplopyees fall in "workman" category they can approach labour court and other can move to civil court. =>
Is there no protection from Law for employees who do not come in "workman" category .
Is there any Judgement / order to quote in the courts ?- Kindly help .
V R SHROFF
(Expert) 06 August 2012
As unpaid, no PF, no I tax etc. IT / TDS not filled, Form 16 Not given.
Register Association of Management Employee, fight jointly,
It seems you do not want to disclose name/ Address of your employer. Any written communication??
Any Legal notice sent jointly asking explanation??
Any chance to struck down work that compels employer to pay you?? Can they replace all of you easily??
If your legal dues not paid, can u apply Co Law Board to Liquidate the Company to pay your dues??