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Inderjeet Samajdar   18 May 2017

Employer not paying due salary

Hello Everyone

This is Inderjeet here from Delhi. It's a long post so please bear with me.

I was a student of 3D Design and joined a small company called Sketchfull Kreations in Feb 2017 at Laxmi Nagar (East Delhi) for a salary of 7,000.

Now I worked for them for 10 days for the month of Feb and the rest of the month I was asked to take leave as they were shifting their office to a new area i.e Priyadarshini Vihar. I was paid Rs. 5000 as salary for the month of Feb.

Due to the ill-health of my father I had to leave this office on 30th of March. I spoke with my boss about this and he assured me that he will call within 7 days and give me my cheque and asked to handover the office keys as I was the first one to come and open the office. Few days later I joined another office but recieved no calls from my ex-boss. On 15th April I called him and he asked me to come to office and take my cheque. He paid me 5000, deducting money for the leaves I had taken and also deducting 400 Rs. extra for which he provided no explanation. I didn't argue with him and deposited the cheque which bounced two days later. I informed him about this and he said he'll issue me a new cheque. I requested him to give me cash as I was in dire need of money and he refused saying he'll only give me cheque.

 SInce then he never responded back. On 10th May I called him and he said he is busy and will talk to me later. He never called back. He doesn't pick my calls nor responds to my messages or emails I send him.

There were a total of 4 persons working in this company including myself. I tried to get some information from the other persons but they all refused to tell me where he is or why he is not responding.

Today I spoke to the female employee of our office who handles clients and she said the office has closed since they were running it out of a residential area without proper papers and the land-lady told them to leave. She said my boss works out of his home, doesn't respond to anyone and has changed his residential address so she cannot provide me any help whatsover. She also chastised me as I left the organisation within 2 months but I reminded her that I had not signed any contract bounding me to a service of any amount of time/month.

Now since this is a very small company, no papers were signed during my employment, and no joining letter was provided. The only proof I have of my employment there are the bank transactions showing my boss paid me an amount for the salary of Feb., the bounced cheque that I have clearly mentioning his account number and numeruos Whatsapp Conversations where he provide me design details related to work.

Now since no documents were signed, my boss can simply deny I ever worked for him. If he never intended to pay me for the month of March, then what was the point of calling me to his office and giving me a cheque only for it to bounce later on.

All my family members are advising me that there is nothing can be done, and for recovering an amount of rs. 5000 legally I would have to shell out more than that.

My entire month would be wasted, my hardwork and time would go to waste just because someone decided that I should not be paid because I left their organisation.

Is there any thing at all that can be done? Or should I just forget my money and move on....

 

 

 

 

 

 



Learning

 23 Replies

Kumar Doab (FIN)     18 May 2017

Originally posted by : Inderjeet Samajdar
Hello Everyone

This is Inderjeet here from Delhi. It's a long post so please bear with me.

I was a student of 3D Design and joined a small company called Sketchfull Kreations in Feb 2017 at Laxmi Nagar (East Delhi) for a salary of 7,000.

Now I worked for them for 10 days for the month of Feb and the rest of the month I was asked to take leave as they were shifting their office to a new area i.e Priyadarshini Vihar. I was paid Rs. 5000 as salary for the month of Feb.

Due to the ill-health of my father I had to leave this office on 30th of March. I spoke with my boss about this and he assured me that he will call within 7 days and give me my cheque and asked to handover the office keys as I was the first one to come and open the office. Few days later I joined another office but recieved no calls from my ex-boss. On 15th April I called him and he asked me to come to office and take my cheque. He paid me 5000, deducting money for the leaves I had taken and also deducting 400 Rs. extra for which he provided no explanation. I didn't argue with him and deposited the cheque which bounced two days later. I informed him about this and he said he'll issue me a new cheque. I requested him to give me cash as I was in dire need of money and he refused saying he'll only give me cheque.

 SInce then he never responded back. On 10th May I called him and he said he is busy and will talk to me later. He never called back. He doesn't pick my calls nor responds to my messages or emails I send him.

There were a total of 4 persons working in this company including myself. I tried to get some information from the other persons but they all refused to tell me where he is or why he is not responding.

Today I spoke to the female employee of our office who handles clients and she said the office has closed since they were running it out of a residential area without proper papers and the land-lady told them to leave. She said my boss works out of his home, doesn't respond to anyone and has changed his residential address so she cannot provide me any help whatsover. She also chastised me as I left the organisation within 2 months but I reminded her that I had not signed any contract bounding me to a service of any amount of time/month.

Now since this is a very small company, no papers were signed during my employment, and no joining letter was provided. The only proof I have of my employment there are the bank transactions showing my boss paid me an amount for the salary of Feb., the bounced cheque that I have clearly mentioning his account number and numeruos Whatsapp Conversations where he provide me design details related to work.

Now since no documents were signed, my boss can simply deny I ever worked for him. If he never intended to pay me for the month of March, then what was the point of calling me to his office and giving me a cheque only for it to bounce later on.

All my family members are advising me that there is nothing can be done, and for recovering an amount of rs. 5000 legally I would have to shell out more than that.

My entire month would be wasted, my hardwork and time would go to waste just because someone decided that I should not be paid because I left their organisation.

Is there any thing at all that can be done? Or should I just forget my money and move on....

 

 

 

 

 

 

 

Pursue with lady to give you address.

The boss might be active on social media to solicit business.

1 Like

Kumar Doab (FIN)     18 May 2017

You have posted that:

"“The only proof I have of my employment there are the bank transactions showing my boss paid me an amount for the salary of Feb., the bounced cheque that I have clearly mentioning his account number and numeruos Whatsapp Conversations where he provide me design details related to work.
"

 

1 Like

Kumar Doab (FIN)     18 May 2017

Employee should prefer to ask and get proper job advt/interview call letter, offer letter, appointment letter, contract of employment, become member of employee’s/trade unions and become properly informed of his/her rights, have support of unions if required.

Did your boss open salary a/c?

Did it provide salary slips?

The Bank transaction may not neccessarily help you.

However chats and bank transaction coupled with chats may help you.

1 Like

Kumar Doab (FIN)     18 May 2017

 

If employer is shifting office then it doesn’t mean that employee should take leave.

Did you sign leave application?

Kumar Doab (FIN)     18 May 2017

 

You as employee should get FnF statement, service certificate, salary slips of all months, Form16, PF a/c slips, etc etc Service certificate/Relieving letter.

Take help of a very able counsel of unshakable repute and integrity at your location specializing in Labor/service matters

employee’s unions /Trade Unions,

 

They may opine that complaint u/s 406,420 may be lodged.

Kumar Doab (FIN)     18 May 2017

You can also approach:

Higher officials of Dept. of Labor, Ministry of Labor, Minister of Labor ( AAP Govt)

Inspector appointed under Shops & Estbs Act,

Inspector appointed under Payment of Wages Act,

O/o Labor commissioner,

Civil Courts………………
 

 

Inderjeet Samajdar   18 May 2017

Sir thank you for taking time out and replying. 

Firstly I spoke to the lady today and she said she's not going to office anymore and has stopped conversing with boss due to some fallout between them.

I asked her for boss's address and she refused saying he has changed residence and hence she doesn't know where she lives.

Yes my boss as social media accounts and I have thought about posting this matter in social media to get any help.

Secondly I have Whatsapp Conversations from the lady telling me to take off form work because they were shifting office, no leave letter was signed as the company doesnt enforce/practise or maybe even know about these rules. It's a very small company, with only 4 employees.

No salary slip is provided, no joining letter was offered, no other benefits are given.

The last time I went to get my cheque, my boss also mentioned that he has found a replacement who is experienced unlike me and will do a good job. So based on that comment I don't think they suffered any loss as they had replaced me with someone better.

Kumar Doab (FIN)     18 May 2017

Originally posted by : Inderjeet Samajdar
Sir thank you for taking time out and replying. 

Firstly I spoke to the lady today and she said she's not going to office anymore and has stopped conversing with boss due to some fallout between them.

I asked her for boss's address and she refused saying he has changed residence and hence she doesn't know where she lives.

Yes my boss as social media accounts and I have thought about posting this matter in social media to get any help.

Secondly I have Whatsapp Conversations from the lady telling me to take off form work because they were shifting office, no leave letter was signed as the company doesnt enforce/practise or maybe even know about these rules. It's a very small company, with only 4 employees.

No salary slip is provided, no joining letter was offered, no other benefits are given.

The last time I went to get my cheque, my boss also mentioned that he has found a replacement who is experienced unlike me and will do a good job. So based on that comment I don't think they suffered any loss as they had replaced me with someone better.

 

You have posted that:

"Secondly I have Whatsapp Conversations from the lady telling me to take off form work because they were shifting office,"

 

This implies you are being asked to remain at home and may not neccessarily deprive you of wages for this period, also.

 

Kumar Doab (FIN)     18 May 2017

"my boss also mentioned that he has found a replacement who is experienced unlike me and will do a good job."

This points to termination.

You may ask to pay notice pay.

 

Inderjeet Samajdar   18 May 2017

Yes thank you for this advice. The only problem remains that my boss is not answering his cell phone, the other employees don't know anything about where he lives (or so they say) and the office where I worked has closed.

Can I approach the land-lady who had rented her space to my boss for office purpose and ask for my boss's residential address? 

Also is it not a crime to run a commercial business in residential property without proper paper-work?

Kumar Doab (FIN)     18 May 2017

The local police can find address from phone number.

If he is active on social media them must be meeting clients.

Unions, Law enforcement aqgencies, Govt authorities can help you.

Inderjeet Samajdar   18 May 2017

Thank you for your kind advise sir.

Kumar Doab (FIN)     18 May 2017

You are welcome.


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