Company is not paying the pending salary

hi i am Yadav Prakash sapra and I worked for Plaza Cables Pvt.Ltd. for over 11 months.as AGM (sales & Marketing) I resigned in Sep.2014  I received Aug salary.  I had not been paid my Sep. 2014 salary despite several follow-ups  and assurances of paying by the management after my resignation.

Eventually , my ex-employer have stopped responding to my messages/email and requests completely.

Hence I seeking help. How can your team help me to get my salary.

Please do respond.

Regards

Y.P.Sapra

@ Yadav Prakash Sapra,

Was any appointment letter issued to you?

What was the notice period stated in appointment letter?

Did you tender notice of resignation or resignation with immediate effect?

Has the company supplied acceptance of resignation, service certificate,relieving letter,PF a/c number and a/c slips,ESIC card,Form16, FnF statement.......?

You were in which state?

The Redg. office of the company is in which state?

1. Find out the office with which you were attached was registered under which Act e.g. (name of the state) Shops and Commercial Establishments Act..........................

The  (name of the state) Shops and Commercial Establishments Act...........might not differentiate between 'Workman' and 'Non Workman'.................and you (despite being AGM) might be covered by the def. of 'Employee' as in the Act..................and in such a case you can approach Inspector appointed under the Act.

One of the duties of the Inspector is to ensure that FnF wages of the employee are paid in time i.e last day in office?

This Act also states notice period applicable as per length of service........................and if you are covered by this Act notice period shall be as per this Act and it should prevail upon notice period stated in appointment letter.

2. You have the option to file winding up petition too...........and seek remedy under various other options narrated in this thread.

Please check with your labor Law Consultant/service Matters lawyer /law firm in person.........and proceed under expert advise of your lawyer.

Hi SIr,

       I used to work in Relince  BPO,my salary was only 7000,i worked for around 3 months and company got closed down on 14th april 2014.The company managment told me to resign n so i did. I'd been told that i would get FNF within 3 months and since then i have been requesting the authority for the FNF but all them are treating me very badly and giving all kind of excuses and chasing me away.There are several others like me who havn't got the FNF.Please tell me what i should do.I want to teach them lesson for all this trouble

@ Sujit,

Do you have any evidence that company was to be closed or has been closed......................and that resignation was demanded?

All employees should unite and stand as a witness to each other.

The company and its HR made a pass on you and coerced you to tender resignation.

Were you issued any appointment letter (if yes what was the notice period mentioned in it), salary slip of all months, PF number,PF a/c slips,ESIC card,FnF statement showing computation of earned wages/bonus/leave encashment/adjustemnt of notice pay etc....)?

You can approach:

>> Lawyer/Law firm: The legal notice from lawyer can drill sense into the heads.
>> Trade Unions, employee’s group/union/IC/Guild………………….. 

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Shops and Commercial Establishments Act of the State…………

>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act  up to Rs.18000/pm)

>> Police; Approach higher officials if no perusal of complaint has happened.

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

>> PF; The company could have chosen to deduct PF on the threshold compulsory limit as set by EPFO.

>> ESIC: The wage ceiling was fixed at Rs.15000/pm as per def. of wages in the Act.

>> Civil Court

>> ITO if Form 16 is not issued…

Your counsel may opine that you can succeed to get retrenchment compensation.

Hi sir.

FnF wages/amounts are also to be paid on last day in office or say within next 3 days or max. by usual pay day.

The employee can lodge acomplaint the moment his earned wages are delayed even by a day from the usual pay day. ……………………….and employer can be fined by say Rs.7500/ instance.

If you ahev evidence that company was to close dwon and instead of issuin notice of closre it resorted to extarct froced resignation then you may succeed, otherwise company can claim that you resigned by your sweet will and without any pressure/force………………………..and adjust notice pay in FnF statement if you resigned without notice of resignation and serving notice period.

BPO are covered by (name of the state where BPO was located) Shops and Commercial Establishments Act……………………and standing orders might also be applicable.If standing orders were not certified then Model Standing Ordesr may apply.

The notice period applicable to you should be as per notice period stated in (name of the state where BPO was located) Shops and Commercial Establishments Act and rate of notice pay applicable should also be as stated in the Act. You may download the Act, and Model Standing Ordes from website of Dept. of Labor of your state and GOOGLE and check in it.

The notice period for service period of less than 3 months (26.1.2014-14.04.2014) might be NIL as per the Act.

As per Model Standing Orders: Sec13: The notice period during probation period is NIL.

The authorities that you can approach have already been emntioned in previous post.

If you are finding any difficulty consult along with elders of your family…………….BPO employee’s group/union/IC/Guild, Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and an able Labor Law Cosultant/Service matters Lawyer/Law firm…………………and proceed further under expert guidance of your lawyer……………….

I joined this FEPL ( Fundamental Eduventure Private Limited ) company in may 2014. i was told company is registered at the time of joining but company is not registered. when i asked for my salary slip next month, My boss shailendra Paranami told me company doesn't give salary slip to any employee. Later on i asked for my salary of may month on june 15 they told me its in process ( as per contract 7th of every month salary will be deposited) and they give half salary in cash and half in bank in june end. Same thing happened for next 2 months so tried to quit job, then Boss told me to come in his office then showed video of IAS killing and told me Sharp shooter who killed that IAS officer is his friend. Later on he told me he has so many IAS officers in his board of company. (is IAS officers allowed to be in board of any private company ?) So i continued working in company due to fear. But finally after extreme mental torture by my Boss shailendra paranami, i told i want leave company ( with courage in may 2015 ) boss told me he will make sure that i will be unable to get job in market as he has powerful members in board and some powerful friends. Still i left company. But now he hasn't paid my April month expenses and May month ( till 16 may) salary , when i asked he told me if i try to do anything or ask for salary he will put legal cases against me and told me i will destroy your career as well. This same thing is done with all former employees of Fundamental Eduventure private limited by our boss shailendra Parnami.

Next thing is : in contract he told 10% will be deducted from every month salary for paying income tax ( Even though employee salary per year is 3 LPA and monthly salary given after deduction is 22,500 Rupees) . But he hasn't paid any employee's income tax till now. Whenever any employee asked for income tax details, boss told that he will put legal action against each employee who asks for income tax.

Shailendra Paranami has mentally tortured so many employees with warning by saying he has friend who is sharp shooter & IAS officers, legal action warning and by not giving their salary and income tax money.

Please do help me and other employees as well. I have audio as well by him saying that "" i will put legal action against you and if you call office again i will complain in court as mental harassment against you""

Please help !!

Hi,

This is Vinod Kanpurne i was working in a company named as Maverick Software (I) pvt. ltd Pune location, i have completed 1 year of working there but when i resigned left that job i have my 9 days salary due but right now its May to September he doesn't pay my due salary ,When ever i asked him on call about salary he says today will be credited but not happed and last time when i called he said i don't know your rtgs and all what i do now .I know that money is not more but that my money i earned it and i want it so please help me with your suggestions

Thanks

@ Nitin,

The authorities and employees/trade unions, forums,courts that can be approached have been discussed at length in this thread.

@ Vinod,

What is notice period inserted in appointment letter issued to you?

What is notice period tendered by  you...................and served by you?

You may go thru Sec;66 in Bombay Shops and Commercial Establishments Act and notice period for service more than 1year is 30 days.

If you have complied then the salary has to be paid to you.

The authorities and employees/trade unions, forums,courts that can be approached have been discussed at length in this thread.

Dear Sir / Ma'am

I have worked with a Pvt Ltd. Co. from 01-08-2014 to 15-09-2015 as accounts executive and in my appointment letter mentioned 06 month of probation period and it may be extended and after complete my probation period they will provide me a confirmation letter. In probation period they will terminate my service without giving any prior notice and they have not provided me any confirmation letter as on 15-09-2015 and I have resigned my co. without any giving notice ( no any clause mentioned about the same in appointment letter). 

Now they have stuck my salary for the Month of Sep'15 and annual benefits ( Annual benefits - this is part of my C.T.C ) 

Request to you kindly suggest me what kind appropriate action I will take against this matter. 

Thanks & Regards

Arvind 

@ Arvind,

It is the duty of bosses to initiate and complete the appraisal for confirmation well in time and provide extension/confirmation by last day of probation period.

The salalry even if FnF wages are to be paid on LWD or in say next 3 days or max. by usual pay day.

You may approach an able counsel sepcializing in labor-service matters and proceed under expert advise of your counsel.

I would like to seek your intervention regarding non payment of salary
and expenses from Vinayak Polymer of Udaipur. MD Mr. Pragyat Agrawal
Co details as under.

Factory  Address :
G 290 Madri Industrial Area, Road No 12, Madri
Udaipur, Rajasthan – 313001



Office  Address :
4, Rajendra Nagar, Gariyawas Road,
Udaipur, Rajasthan – 313001
Tel: 0091 294 2484343
Mobile : 0091-98288-96997
Email : info@vinayakpolymers.co.in
Website : www.vinayakpolymers.co.in


I have joined them on 15th Jan 2016 and my last day was 31st Aug 2015.
Salary not paid since June 2015  & Expenses not paid Since Mar 2015.
Amounting to approx. Rs. 3.15 Lacs

Kindly look into it and suggest suitable measures to be taken to
collect the due amount.

Thanks & Regards

Deepali Bakshi
+919926047401

 

@ Raman 

Your query is addressed in other thread initiated by you.

Respond to the points raised in other thread.