What is this company Industrial or Commercial Establishment?
The registration certificate of the company must have been displayed near entrance on notice board. Whose name is mentioned in Registration certificate : Promoter/MD of the company or some Manager?
Does this company has its standing orders and has it displayed it near entrance on notice board?
Is this company in SEZ area?
Employee should consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting on his own.
In your kind of industry you should be keeping access to a competent and experienced lawyer whom you may consult for such imp. maters.
You have posted that:
----“They have sent me to onsite for client place for 6 months period.”
Did you resign before leaving for Onsite?
Has the company issued any deputation/transfer/overseas appointment letter?
----“they told me that they will Credit the salary to my salary account in INDIA”:
You should have declined to work next month if last month’s salary was not paid to you.
Make it a habit.
Have you narrated it in your notice of resignation with name, designation, dept, address of the concerned personnel?
----“I haved asked the reason for not payment of salary several times, but they try to say some finanical problems or silly reasons..so finally i have sent a resignation mail to the HR.”
Have you stated the non payment of wages of two months as a reason for separation/resignation? You should and you must highlight that in such case employer is unworthy of being employed with and has lost its right to impose any notice period/pay and must not adjust it FNF statement/settlement.
--“But the HR has not replyed to the resignation mail, they are not approving my resignation.”
Who is your appointing authority this HR or some one else?
Submit a gentle representation to your appointing authority, MD, Chairman, Company Secretary, by redg. post and if they also do not resolve you have the option of approaching your lawyer to issue legal notice.
----Have your services been confirmed?
If no, then there should be ideally no probation period in probation period as employee has no lien on employment during probation period.
Were you recruited on FTC with CTC?
Has any appointment letter with CTC sheet been issued to you, if yes what is the probation period, notice period/pay stated in it?
----“But i dont know what is payment of wages authority office ?i”
Has your company been issuing payslip/salary slip?
Yu may obtain the contact details of the Inspector under Payment of Wages Act from O/o Labor Commissioner, Dept. of Labor Website of your state.
Payment of Wages Act.( Applicable in case of all employees whose wages are up to Rs.18000/pm, as per definition of wages in the Act)
2. Definitions.
2. Definitions.-
3*[(vi) "wages" means…………
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
13A.Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work
performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
Then there are clauses on false entries by employer.
Some other employees have initiated similar threads, which you may find relevant and useful e.g.
https://www.lawyersclubindia.com/forum/Resigning-issues-78591.asp#.UWarEtgsHso
https://www.lawyersclubindia.com/forum/Termination-78579.asp#.UWargNgsHso
