Can i sue consulting company for not paying my last month

Hello Pradeep!

Kindly send the daily mail to your company about the work you are doing in your client office at hyderabad and also keep in cc to that particular manager of hyderabad. This would block your company as there would be evidence that you were reporting on your duty. hence, they cannot refuse to pay you.

kindly send immediate email daily to your boss and the manager in hyderabad once you report to your work in the morning and also in the evening while returning back from work.

Keep record of all the emails with you in your personal email id.

Regards

Adv. Rohit M. Dalmia

9324538481

Record all calls and drive the discussion to extract admission of termination w.e.f. dated……….

If as per some private and internal agreement/arrangement the Company A that has employed you has to get the attendance record from Company B then it is the task of Company A.

If you have worked for the month of June then download the attendance record and /or write to Company A (designated person be it reporting manager or appointing authority/MD) that you have worked for the month of June and have not received the salary slip and salary for the month of June 15 on fixed date of payment i.e. dated……………….

The salary slip duly signed by employer has to be supplied to employee atleast a day before the date for disbursement of earned wages and employer has to maintain the record for 3 years.

The employee can lodge the complaint the moment his/her salary is not paid by the fixed date for disbursement of earned wages and employer can be penalized say by Rs7500/instance.

If written/speaking order of termination of contract has not been supplied to you (but is verbal), and your entry in office is blocked by Company B then you may place it on written record (mentioning names) under proper acknowledgment with a copy to you………………..to reporting authority in both Company A and B and also your appointing authority………………..and conclude that and NO tasks/handing over of charge/assets are pending at your end……………………. and ask to supply By Redg. Post the termination of contract w.e.f. from dated…………………i.e. 30 days before…………., service certificate, reliving letter, FnF statement showing notice pay @ correct rate of notice pay applicable to your as per applicable enactments/earned wages/bonus/OT/leave encashment/incentives/reimbursements etc, salary slips of all months, PF number with a/c slips of all years, ESIC card, Form16 as per correct FnF statement, NOC/NDC etc

Keep on sending your daily attendance by email and reminder to supply the docs and payouts.

If you are tactfully called to Chennai then you may demand first payment of salary for June with salary slip and cite financial hardships.

Hope you have the written documented record of deputing you at Hyderabad with M/s…………..

Such companies are covered by (Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such companies.

Since you were deputed at Hyderabad (AP) ( and became contractual Employee) in

 Company B you may be covered by Andhra Pradesh Shops and Commercial Establishments Act also succeed to claim service compensation amounting to fifteen days average wages for each year of continuous employment as per Section: 47. Moreover as per Sec;47…………… every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

There are many IT/ITeS employees unions now and have affiliated with Trade Unions like CITU/INTUC/AITUC/BMS etc and have done a good job……………..

Download OT record and claim OT also @ double wages.

Don’t remain entangled with HR and escalate to appointing authority, MD etc.

You can approach:

---IT/ITeS employees unions/ Trade Unions like CITU/INTUC/AITUC/BMS etc

---Inspector appointed under: Andhra Pradesh Shops and Commercial Establishments Act and let him confirm in writing that no termination order has been supplied to him even if thru RTI.

 The company has to maintain the attendance record (as well as OT record), payment of wages record, service record in various forms/registers prescribed under Andhra Pradesh Shops and Commercial Establishments Rules…………………..Assuming that  company claims that it maintained such record at Chennai then it has to produce various forms/registers prescribed under Tamilnadu Shops and Commercial Establishments Rules e.g. Form’N’…………………to Inspector at Hyderabad…………………….You can also lodge complaint with Inspector appointed under Tamilnadu Shops and Commercial Establishments, preferably thru your counsels in unions/lawyer………………..

---O/o Labor Commissioner at your location

---Inspector appointed under Payment of Wages Act

---An able Labor Law Consultant/Service Matters Lawyer/Law firm

Your counsels may opine that you can lodge criminal complaint u/s 406,420………………..and file winding up petition as unpaid wages are debt on employer.

Thank you for very helpful information. I think I have not mentioned what exactly happened.

I pradeep and Company A are agreemnet that I will be working Compay B for 1 year as per the contract starting from Jan-29-2014 to Jan-29-2015. As per our contract Comany A will pay per hour basis and I have to raise my invoice for the hours I had worked for last month.

Compnay A usually depositing money in to my account directly and the contract is that I cannot come out of the job from Company B with out giving 1 month notice to Company A and same otherwise. Company A has to give me notice of 1 month.

Company A terminate me anytime if I don't meet expectations is another clause.

In the month of Jan I had an issue with Company B manager as they want to hire me fulltime and work for Company B. I didn't take the offer as the job was for night shifts.

From that day onwords my clinet compnay B manager wants to get rid of me. He has to extend my contract for another 6 months as they cannot find immediate replacemnet for me.

Now coming to current situation, again in the month of May-2015 Client B manager called me if I am interested in fulltime. This time I said yes it was morning shift. After a week again I went and checked manager about the status, Manager said that they don't have funds right now. That was fine with me as that job is not end of my world.

I thought my project was till july 29. I had a doubt I called vendor Company A and asked them for my end date. She confirmed that my end date is July 29 as they have written contract between Company A and VET(Vendor Engagement team) with CompanyB.

On 29 of June my manager had send an email to all my US managers stating that tomorrow is my last date and I am finishing my 18 months. He was lying to everyone about that as my 18 months would be July 29 on June 30. Immedietly my US manager had send me an thank you email. I replied back to them stating that my contract is till July 15 as my Company A had send a written email to me about that.

My US manager had forwarded that email to my Manager asking what is going on. My manager immedietly called VET and terminated my contract. VET had called Company A and informed my last date.

Now my manager is not confirming my work hours so Company A is not paying my complete salary. As Company A has to five me 1 months notice which they fail to give me I want to file a case to my money. Will it be possible to get july months salary. and I want to file a case against manager as well for mental stress..

Will be able to do that.

Thanks,

Pradeep.

You have posted that:

"Will it be possible to get july months salary. "

As per contract Company A has to give notice of 30 days.

Hnece if no notice is given then company is liable to pay liquidated damages in the form of notice pay and penalties as prscribed in enactments applicable.

Approach your counsels.

Thanks Kumar for the reply. I will wait for another 15 days and see if they have any plans to pay my salary if not I may need a lawyer in Chennai to file a case agaist the company.

Once again thanks for the prompt response.

 You are welcome.

Supply your demands in writing (under proepr acknowledgment of course, preferably by Registered Post) to :

Company A

and B ( for correct attendance and if possible download the evidence)

and set a time frame to supply the documents and payments to be supplied to you by Redg. Post.

Your counsel may opine that you can file complaint/case at any location::::: your last location, location where company has an office, location of Redg. Office of the Company, location of jurisdictional courts as inserted in contract.

Wish you the very best.

An employee that is properly informed and supported by unions/lawyer is better placed than ill-informed/unsupported employee. Employees in your sector have united and unions of your trade have also done good job. Approach the IT/ITeS, Trade Unions and gradually you will know how to negotiate the contracts and  the hot buttons that can be pressed, if the need be.