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rishabhrai   12 July 2015

Salary and allaowance not paid by company on time

Respected lawer/s. I have been working from 5month in a well known brand but i am not paid on time they gives salary of a month after two months and i am into marketing they insured for all travelling allowonce ,daily allowance but i am not getting any single month expenses most of the employees not getting it ? If we talked to seniors reporting managers they said that company in a loss and also u r not acheiving 100% your targets also they treat us for a job loss n suggest us not to waste time on legel prosidings because we have most of the cases like this but still employees not getting there final settlement after 2years and i also know one people who is suffering from this policy and they also said that we not give positive feedback if u change to other company .so pls suggest me what to do because i am mentally frustrated and running my family reposibilities is like a burden .


 9 Replies

rishabhrai   12 July 2015

Pls suggest now what action i have to take to fight against this kind of working nature towards a employee .

Kumar Doab (FIN)     12 July 2015

 

You are increasing your loss day by day.

  1. Is all the affected employees’ united and willing to stand as a witness to each other?
  2. Do you have any acknowledgment or receipt of having submitted the original tour bills? If NO how would you prove that you had submitted these? Have you retained the copies?

There are many ways to record (audio with visual, witnessed,minuted, sending originals by Redg. Post and scanned copies by email, Obtaining certificate from Sub Postmaster that …………….these documents are inserted in cover, video-graphing the insertion in presence of witnesses, getting admission from clerk/boss that tour bill of month……………of Rs………….with all attachments is duly received………………Employee’s Union/Trade Unions leaders/Labor Inspector/media  visiting the office and endorsing that the bills are found in custody of Mr/Ms……………but not processed and paid………..etc etc)

 

  1. Have you obtained the Imprestted cash to meet tour expenses?
  2. Did you record the threats by reporting managers? You must.
  3. Is there any evidence of negative feedback?
  4. Did you get appointment letter, I.Card, visiting cards, salary slip of all months showing days worked/PF number,ESIC card etc?

 

What is this establishment registered as: Commercial,Industrial? 


The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?

What is its line of business; IT,Banking, Consumer goods,Pharma etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

  

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 


What was your designation and nature of duties?

 

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?

Were you confirmed or under probation period?

Does the establishment have its certified standing orders and is your designation covered by it (do you have a copy) or Model Standing orders apply to it?

 

 

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?

 

Is it mentioned in appointment letter that notice pay @...............Basic/Gross/CTC can be tendered in lieu of notice period by employee? Is there any condition like subject to acceptance by employer?

 

 

Is it stated that HR policy, Service Rules and Regulations (that are mentioned in the appointment letter) shall govern the service conditions?

 

Are you a member of any employee’s/Trade Unions? You should be!

You may reply pointwise to each point for further response.

 

You may go thru following threads.

https://www.lawyersclubindia.com/forum/Notice-period-with-the-employer-123703.asp#.VaKewrV-jMo

 

https://www.lawyersclubindia.com/forum/Bad-reference-given-by-my-old-company-in-my-relieving-letter-120351.asp

 

 

 

 

rishabhrai   13 July 2015

You are increasing your loss day by day. Is all the affected employees� united and willing to stand as a witness to each other? i think fear for job loss no one stand straight but people who left will stand because still thier fnf not cleared after two years Do you have any acknowledgment or receipt of having submitted the original tour bills? If NO how would you prove that you had submitted these? Have you retained the copies? There are many ways to record (audio with visual, witnessed,minuted, sending originals by Redg. Post and scanned copies by email, Obtaining certificate from Sub Postmaster that �����.these documents are inserted in cover, video-graphing the insertion in presence of witnesses, getting admission from clerk/boss that tour bill of month�����of Rs����.with all attachments is duly received������Employee�s Union/Trade Unions leaders/Labor Inspector/media visiting the office and endorsing that the bills are found in custody of Mr/Ms�����but not processed and paid���..etc etc) I have acknowlege mail stated my expenses submission and delayed salary but they raised other question on that no business generation in my territory from feb and ask for me to daily business genration Have you obtained the Imprestted cash to meet tour expenses? no Did you record the threats by reporting managers? You must. Is there any evidence of negative feedback? no Did you get appointment letter, I.Card, visiting cards, salary slip of all months showing days worked/PF number,ESIC card etc yes What is this establishment registered as: Commercial,Industrial? Both The Division/Dept./office where you were located last is: registered as: Commercial,Industrial? my division is commercial What is its line of business; IT,Banking, Consumer goods,Pharma etc? consumer goods How many maximum persons are employed in it at any point of time, before and after your joining? dont know but approx 40 to 50 in my zone. The Redg Office,Corporate Office of the company, and your reporting office was located in which state? redg off in maharastra and reporting office in delhi What was your designation and nature of duties? Asm & b2b, marketing Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? No Were you confirmed or under probation period? Under probation Does the establishment have its certified standing orders and is your designation covered by it (do you have a copy) or Model Standing orders apply to it? dont know Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc? yes Is it mentioned in appointment letter that notice pay @...............Basic/Gross/CTC can be tendered in lieu of notice period by employee? Is there any condition like subject to acceptance by employer? yes Is it stated that HR policy, Service Rules and Regulations (that are mentioned in the appointment letter) shall govern the service conditions? ans :yes Are you a member of any employee�s/Trade Unions? You should be! Ans; no

rishabhrai   13 July 2015

You are increasing your loss day by day. Is all the affected employees� united and willing to stand as a witness to each other? i think fear for job loss no one stand straight but people who left will stand because still thier fnf not cleared after two years Do you have any acknowledgment or receipt of having submitted the original tour bills? If NO how would you prove that you had submitted these? Have you retained the copies? There are many ways to record (audio with visual, witnessed,minuted, sending originals by Redg. Post and scanned copies by email, Obtaining certificate from Sub Postmaster that �����.these documents are inserted in cover, video-graphing the insertion in presence of witnesses, getting admission from clerk/boss that tour bill of month�����of Rs����.with all attachments is duly received������Employee�s Union/Trade Unions leaders/Labor Inspector/media visiting the office and endorsing that the bills are found in custody of Mr/Ms�����but not processed and paid���..etc etc) I have acknowlege mail stated my expenses submission and delayed salary but they raised other question on that no business generation in my territory from feb and ask for me to daily business genration Have you obtained the Imprestted cash to meet tour expenses? no Did you record the threats by reporting managers? You must. Is there any evidence of negative feedback? no Did you get appointment letter, I.Card, visiting cards, salary slip of all months showing days worked/PF number,ESIC card etc yes What is this establishment registered as: Commercial,Industrial? Both The Division/Dept./office where you were located last is: registered as: Commercial,Industrial? my division is commercial What is its line of business; IT,Banking, Consumer goods,Pharma etc? consumer goods How many maximum persons are employed in it at any point of time, before and after your joining? dont know but approx 40 to 50 in my zone. The Redg Office,Corporate Office of the company, and your reporting office was located in which state? redg off in maharastra and reporting office in delhi What was your designation and nature of duties? Asm & b2b, marketing Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? No Were you confirmed or under probation period? Under probation Does the establishment have its certified standing orders and is your designation covered by it (do you have a copy) or Model Standing orders apply to it? dont know Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc? yes Is it mentioned in appointment letter that notice pay @...............Basic/Gross/CTC can be tendered in lieu of notice period by employee? Is there any condition like subject to acceptance by employer? yes Is it stated that HR policy, Service Rules and Regulations (that are mentioned in the appointment letter) shall govern the service conditions? ans :yes Are you a member of any employee�s/Trade Unions? You should be! Ans; no

rishabhrai   13 July 2015

Is all the affected employees� united and willing to stand as a witness to each other? i think fear for job loss no one stand straight but people who left will stand because still thier fnf not cleared after two years Do you have any acknowledgment or receipt of having submitted the original tour bills? If NO how would you prove that you had submitted these? Have you retained the copies? There are many ways to record (audio with visual, witnessed,minuted, sending originals by Redg. Post and scanned copies by email, Obtaining certificate from Sub Postmaster that �����.these documents are inserted in cover, video-graphing the insertion in presence of witnesses, getting admission from clerk/boss that tour bill of month�����of Rs����.with all attachments is duly received������Employee�s Union/Trade Unions leaders/Labor Inspector/media visiting the office and endorsing that the bills are found in custody of Mr/Ms�����but not processed and paid���..etc etc) I have acknowlege mail stated my expenses submission and delayed salary but they raised other question on that no business generation in my territory from feb and ask for me to daily business genration Have you obtained the Imprestted cash to meet tour expenses? no Did you record the threats by reporting managers? You must. Is there any evidence of negative feedback? no Did you get appointment letter, I.Card, visiting cards, salary slip of all months showing days worked/PF number,ESIC card etc yes What is this establishment registered as: Commercial,Industrial? Both The Division/Dept./office where you were located last is: registered as: Commercial,Industrial? my division is commercial What is its line of business; IT,Banking, Consumer goods,Pharma etc? consumer goods How many maximum persons are employed in it at any point of time, before and after your joining? dont know but approx 40 to 50 in my zone. The Redg Office,Corporate Office of the company, and your reporting office was located in which state? redg off in maharastra and reporting office in delhi What was your designation and nature of duties? Asm & b2b, marketing Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? No Were you confirmed or under probation period? Under probation Does the establishment have its certified standing orders and is your designation covered by it (do you have a copy) or Model Standing orders apply to it? dont know Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc? yes Is it mentioned in appointment letter that notice pay @...............Basic/Gross/CTC can be tendered in lieu of notice period by employee? Is there any condition like subject to acceptance by employer? yes Is it stated that HR policy, Service Rules and Regulations (that are mentioned in the appointment letter) shall govern the service conditions? ans :yes Are you a member of any employee�s/Trade Unions? You should be! Ans; no Also thanks for your concern and pls suggest how i will sustain in this working enviorment

rishabhrai   14 July 2015

Is all the affected employees� united and willing to stand as a witness to each other? i think fear for job loss no one stand straight but people who left will stand because still thier fnf not cleared after two years Do you have any acknowledgment or receipt of having submitted the original tour bills? If NO how would you prove that you had submitted these? Have you retained the copies? There are many ways to record (audio with visual, witnessed,minuted, sending originals by Redg. Post and scanned copies by email, Obtaining certificate from Sub Postmaster that �����.these documents are inserted in cover, video-graphing the insertion in presence of witnesses, getting admission from clerk/boss that tour bill of month�����of Rs����.with all attachments is duly received������Employee�s Union/Trade Unions leaders/Labor Inspector/media visiting the office and endorsing that the bills are found in custody of Mr/Ms�����but not processed and paid���..etc etc) I have acknowlege mail stated my expenses submission and delayed salary but they raised other question on that no business generation in my territory from feb and ask for me to daily business genration Have you obtained the Imprestted cash to meet tour expenses? no Did you record the threats by reporting managers? You must. Is there any evidence of negative feedback? no Did you get appointment letter, I.Card, visiting cards, salary slip of all months showing days worked/PF number,ESIC card etc yes What is this establishment registered as: Commercial,Industrial? Both The Division/Dept./office where you were located last is: registered as: Commercial,Industrial? my division is commercial What is its line of business; IT,Banking, Consumer goods,Pharma etc? consumer goods How many maximum persons are employed in it at any point of time, before and after your joining? dont know but approx 40 to 50 in my zone. The Redg Office,Corporate Office of the company, and your reporting office was located in which state? redg off in maharastra and reporting office in delhi What was your designation and nature of duties? Asm & b2b, marketing Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? No Were you confirmed or under probation period? Under probation Does the establishment have its certified standing orders and is your designation covered by it (do you have a copy) or Model Standing orders apply to it? dont know Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc? yes Is it mentioned in appointment letter that notice pay @...............Basic/Gross/CTC can be tendered in lieu of notice period by employee? Is there any condition like subject to acceptance by employer? yes Is it stated that HR policy, Service Rules and Regulations (that are mentioned in the appointment letter) shall govern the service conditions? ans :yes Are you a member of any employee�s/Trade Unions? You should be! Ans; no

Kumar Doab (FIN)     18 July 2015

Approach:

Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc

Able labor Law Consultant/Service Matters Lawyer/Law Firm

Inspector appointed under Delhi Shops and Commercial Establishments Act, Payment of Wages Act

O/O labor Commissioner

 

Your counsels may opine that you can lodge compalint u/s 406,420, and winding up petition...................as unpaid dues are debt on employer.

 

rishabhrai   03 September 2015

How to approach employees trade unions

rishabhrai   12 September 2015

Hi as per our conversations regarding salary n ta not paid my employer i have send legel notice to them regarding salary n expenses . I have worked with gitanjali group and i usaually dont think that i have worked such a bad group who doesnt provide salary n expenses to all the employees on time and waste emplyees time n money in court and create careers dirty image beyound paid on time . Now my question is that i have no job and still i dont have resigned my disputed job towrds gitanjali group and i think court takes time to solve my case but this time i dont have money to run my domestic chores and for searching a new jobs still fears me to get my previous company verification which they allready dined and lastly need to ask like i have not resigned and my salry on hold still i dont have found my new job, is this gap between i will be paid or not from my company through court

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