Company not paying salary

Has the company supplied you salary slips of all months?

What is your monthly salary and its break up?

Yes company provide me salary slip of all the months 8500 is basic 1200 hra 500 conveyance 1185 special 500 education 1185 book allowance Total 13070 and they deduct pf,esic,bonus from above total and remaining is my salary...

Company deals in audio equipement trading

You have posted that:

“and till they have not generated my pf account,now they are asking me for my document to open pf avcount………………………………………….. and they deduct pf,esic,bonus from above total and remaining is my salary...”

 

Both are conflicting.

If employer has been deducting PF since joining, then why at the time of resignation HR want you to sign PF a/c opening form?

Reassure that it is PF a/c opening form or PF withdrawal Form?

 If it is PF a/c opening form then HR/employer seems to have committed irregularity.

If at all you have to sign, at least mention on form that PF from was recived on dated…………..( actual date) and signed by you on dated;……..

More than 50 employees are working.

If state govt has not provided exemption to establishment from standing orders then standing orders (Certified/Model) should apply.

Model Stadning Orders: Sec; 13; Notice period during probation period is NIL.

 

https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-rules-1946.pdf

 

You are facing difficulties.

Your elders in the family, near and dear ones, competent and experienced well wishers, employee’s forum/union/trade union leaders, companions and colleagues of unshakable trust can help you to understand anddeal with employer, properly and also guide you to employee’s/trade union leaders  and a very able counsel specializing in Labor/Service matters.

 

Your counsels after examining your duties on record may opine that you are covered by the def. of ‘Employee’ as in the The Bombay Shops and Establishments Act and also as ‘Workman’ as in ID Act.

 

If you ae covered then these Act/statue should prevail upon T&C on Notice Period in appointment letter.

Your counsel may opine that you can approach:

Inspector appointed under; Bombay Shops & Estbs Act, Payment of Wages Act,

O/o Labor Commissioner

Other options:

 

Let company supply you the acknowledgment and aceeptance of resignation, correct FnF statement showing computation of earned wages/leave encashment/bonus etc and even adjustment of notice pay if company wants to press it, service certificate, relieving letter, Form 16, salalry slip of all months…………………….and you accept FnF (under protest and later) approach, the authorities as mentioned above.

 

Or the company may pay after legal notice from your counsel specializing in Labor/Service matters.

Or when you approach authorities as mentioned in above post.

 

Decide in cosultationn with your elders and counsels.