Did not receive my 3 months salary

You may submit a gentle representation { give it title NOTICE} in writing under acknowledgment addressed to the good offices of your appointing authority, MD, Company Secretary narrating all previous representations by phone {mention phone numbers} email, letter, in person etc {mention date, name/designation/dept/address of company personnel, and minutes of discussion}

And demand that  company should supply you the acknowledgment of notice of resignation and final resignation letter, acceptance of resignation, work experience certificate/service certificate, relieving letter, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms {if submitted by you or acknowledgment issued by PF office in original, if company has submitted forms to PF office}, NOC/NDC etc. by redg. post only, so as to reach you in say next 7 days. You may mention that a postage prepaid { as purchased from PO}, self addressed envelope for sending redg. post to you is enclosed herewith.

You may mention that you have clamoring to get supply of your legitimate payments of wages and dues and documents from company and have been facing acute financial, professional, personal hardships and have suffered loss and shall be constrained to go public and approach the institutions of regulators, government machinery/ministries/minister, courts of law, social-legal-public portals, print and electronic media, lawyer/law firms, police etc at the cost and consequences of the company.

If the company does not yield to your gentle representations you have the option to act, as deemed fit at your end.

 As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office. Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act, o/o Labor commissioner as per explanation of employee under these Enactments or approach civil court.

Designation alone does not decide employee is a workman or not. Employee can also approach trade union.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

Hi Kumar,

 Thanks. I received my Relieving letter and PF but last 3 months salary alone pending and they did not provide any final settlement letter nor form16.

Am keep sending mails to them but no reply for that.

If i go legally, will i get my entire salary due amount in 1 or 2 months? My friend says even if you go to court, company might agree you to pay remaining salaries in installment like Rs2000 per month and think when will you get entire amout. So , going legally is not great idea. Please give your feedback.

~ Thanks ~

You have posted that:

“My friend says even if you go to court, company might agree you to pay remaining salaries in installment like Rs2000 per month and think when will you get entire amout.”

Who has given this idea to your friend?

What was the notice period applicable to you and did you serve the notice period? Was it three months? Company might have adjusted notice pay in FNF statement.

Company can not deny supplying you FNF statement and form 16.

You may demand everything by redg. post only and mention that a postage prepaid { as purchased from PO}, self addressed envelope for sending redg. post to you is enclosed herewith.

For form 16 you can lodge a complaint with o/o IT commissioner at your location and jurisdictional CIT-TDS where company files its return. You can follow up thru RTI to make them move. There is provision for penalty if Form 16 is not supplied.

It shall be appropriate to approach a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

All shall depend upon your resolve, interest, and follow up.

Thanks Kumar. I served notice period also. Company financial status was not good for last one year or so and was getting delayed in receiving salaries by 2 months. After i put paper, they did not pay me the outstanding salaries and at last end up with 4 months salary to clear by company. I will consult labour lawyer as you suggest.

~Regards

Hi Kumar,

 Am running behind my boss to pay my pending salaries. But , everytime i go he says some reasons and not paid my salary till now.. It has been 1.5 years now.

 Boss says like he has not run away anywhere. When i have no money to pay my current employees then how can i pay you etc. Am sure, company is making some money now but they dont want to clear as they are trying to sell out the company.

 I want to send legal notice , can i do myself by going to the court or can you help me? Am staying in south bangalore.

Regards

Pras

You have been sympathizing with your boss and employer for 1.5 years……………!!!!

You have wasted 1.5 years…………!!!!!

You might have wasted say a month’s wages on calling on phone, visiting, sending emails etc……………………….!!!!!

The limitation period might be 3 years in your case and 1.5 years is already passed……..!!!

Your employer might be watching it with pleasure for the 3 Years to pass.

If the company is not doing well financially (as per you), then is it your headache?

You were employed to work and you have worked and you should be paid your wages.

If you are not being paid then you have to either extract the wages or forget the payment and consider it as a parting gift and be at peace.

Probably your employer also wants you to consider it as a parting gift.

It is your choice to leave or collect and choice to employer to sell his assets to pay you or face the consequences.

It seems to be clear that until you manage to put foot on the tail you won’t get your unpaid wages…………..

The options are, approach your lawyer at your location, with copies of all documents (filed date wise) including, offer letter/ appointment letter, and your lawyer may opine that you are covered as ‘Workman’ as in ID Act, ‘Employee’ as in Karnataka Shops and Commercial Establishments Act and may advice to approach :

1. police and help you to file criminal complaint under Sec 406, 420………………………..and/or approach the company as creditor treating the unpaid wages as Debt on employer……………..

There are many threads e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

Lawyers are trained arbitrators, mediators, conciliators………………and some of them are expert in it, and your lawyer may succeed to drill sense into the heads and resolve the matter by making the employer agree to pay……e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

Discussion > Labour & Service Law > Disputes > Dispute regarding resignation and notice pay

2. Inspector under Payment of Wages Act which is applicable to all employees drawing wages as per def. of wages in the Act, up to Rs.18000/pm…………..

The period is 1Y. You would need to get delay condoned.

3. Inspector under Karnataka Shops and Commercial Establishments Act………….

4. O/o Labor commissioner…………..

5. Civil Court for recovery…………………

If you wish to avail the services of LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UhzBx9KAqWM

The detail of related lawyers is being flasshed by LCI on the bottom of this web page.

You can chat and access Pro Lawyers.

Your near and dear ones can also guide you to a competent and experienced labor consultant/ service lawyer.

In each city there are few lawyers who specialize in labor/service matters, criminal law and they are well known…………………………

DBA maintains its web site. The office bearers can also guide you.

If you do not want to approach your lawyer you may approach Trade Unions, Community Leaders, Political Leaders and some one may help you.

Thanks kumar. This time, i will file case. Have to contact some lawyer. Being frustrated by keep going there and waiting for hours to meet him and hearing all his stories..

thanks for doc's

Regards

Pras