Employer not paying salary

You could have collected salary in cash and asked for salary slips!

 

Saying, telling, asking is all verbal mode of communication.

Have you stated reason (Nonpayment of earned wages) in notice of resignation/resignation?

Write under proper acknowledgment to supply salary slips of all months, acknowledgment of resignation ( on copy under seal and signature of competent person/employer) and acceptance of resignation ( with waiver of notice pay), correct   FnF  statement showing earned wages/bonus/leave encashment etc and NO deduction of notice pay), Form16 as per correct FnF statement, service certificate, relieving letter, PF number and a/c slips, ESIC card ……………etc and close the mater.

What was monthly salary with break up?

If your salary was 18,000 or less then :

Now the primary question is why this limit of 18000. The Limit is prescribed under Payment of Wages Act, 1936. The Act does not apply to employee’s whose salary goes beyond 18,000. See https://www.shramsamadhan.com/ for notification.

Why Payment of Wages Act, 1936 is Important. The below mentioned are the 7 important Benefits under this act

1. Under Section 5(1), If Employer has a work strength of less than 1,000 employee’s. He shall make payment before expiry of 7th day of the next wage period. Wage period being period decided between employer and employee for payment of wages NOT BEING MORE THEN 1 MONTH AT A TIME. If Employee Strength is More Then 1,000 then the payment is to be made by 10th day of next wage period.
2. Under Section 5(2), where the employment is terminated of any person by employer. The earned wages should be paid before expiry of second working day from the day of termination.
3. Under Section 5(4), All payments of wages are to be done on a Working Day.
4. Under Section 7(3), Deductions if any from wages are to be made in a way that total deduction on account of Taxes, Statutory Contribution or any other recoveries cannot exceed 50% of wages. If it exceed specific rules have to be followed. In case a cooperative is involved this 50% can be 75%.
5. Under Section 15, For enforcement of above Contact the office of REGIONAL LABOR COMMISSIONER or SIMPLY YOUR REGIONAL LABOR DEPARTMENT. This Application need to be submitted in 12 months of wage being due.

काला धन 

Dear Mr Doab Submitted resignation through E mail( company I'd) in my resignation I have clearly mentioned the reason as non payment of overdue salary. Have received acceptance over the mail. No compliance were followed ,no salary slip, no TDS deducted , but I do have appointment letter. First am trying to get the things get settled in normal manner but there is no response pls suggest what should be my next step. Regards Gitika

Dear Mr Doab Submitted resignation through E mail( company I'd) in my resignation I have clearly mentioned the reason as non payment of overdue salary. Have received acceptance over the mail. No compliance were followed ,no salary slip, no TDS deducted , but I do have appointment letter. First am trying to get the things get settled in normal manner but there is no response pls suggest what should be my next step. Regards Gitika

The salary can be paid in cash. (Except in old/banned currency during demonetization)

You could have asked for salary slip.

The resignation has been accepted.

It can imply on reasons expressed by you.

The employer has neither contested the reason forwarded by you and nor has asked for any exit formality.

Submit the Final communication as suggested above demanding requisite documents, on the same email trail of acceptance of resignation.

Did you sign any voucher for payment of salary in cash? If yes, ask for an authenticated copy (and if and only if you wish:::::to show the payment and voucher number in FnF statement). 

You have not replied to all points.

You may post:

What was your monthly salary and break up?

 

What was your designation and nature of duties as per appointment letter and on record?

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

You were in which state?

For how many months you have worked?

You service was under probation or confirmed?

How many persons were employed in it?

Did standing orders (Model /Certified) apply to establishment and your designation?

Are you a member of employee’s/Trade unions?