LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Venkat (IT Consultant)     04 June 2012

Employer unwilling to pay up the salary

Hi,


I worked for a company for 4 weeks and duly served notice and also I got my Release letter and exp letter but they are refusing to pay my salary and not even bothering to reply to my emails. for one of the email they replied saying "come and collect" except that I am not getting any reply.  They are not bothering to reply further on time and date also. I feel the HR manager is playing game.

In this case what are the options I have. Please advise. I have all the documents regarding appointment letter and release and exp letter.


Regards

Venkat



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     04 June 2012

you must meet your HR atleast one time, if you feel like playing game than immediately send legal notice or file a complaint labour department.

Kumar Doab (FIN)     04 June 2012

Mr. Sheik has given valuable advice. Kindly follow it.

Before you visit you may ask even if by email, the company personnel who has replied "come and collect" with a copy to HR -Manager and HR-Head, appointing authority, MD, to supply you the FNF statement prepared by company, hard copy and soft copy, and PF number and attested copy of PF withdrawal/transfer forms (as desired by you) which you shall deposit to PF office yourself, form 16, etc. so as to reach to say within next 7 days, by redg. post and email. If this is not supplied, you may supply a statement (even if by email to the personnel who has replied "come and collect" with a copy to HR -Manager and HR-Head) of payables by company to you, and ask them to verify and confirm that statement is correct, even if by email so as to reach you say in next 3 days.

If there is no reply you may take a witness along with you e.g. cousin, friend, colleague (who shall agree to be and remain your witness), and you may record the transaction (audio/visual). If the company provides a FNF statement on plain paper and asks you to sign acceptance then and there, you may point out the variances if any, or accept the same and keep a copy and demand payment then and there. If the company personnel, state that payment shall be supplied later, you may ask for time period within which payment shall be supplied to you.

During the meeting company personnel may become rude. The recording shall come handy later for use in appropriate forum at appropriate time. You must speak your full name, other person’s full name, address, date etc.

You may also demand other documents to be supplied to you e.g. PF number and attested copy of PF withdrawal/transfer forms, form 16, etc.

 

Since you have worked for only 4 weeks, probably the company HR wants you to remain satisfied with  exp. Certificate, release letter and drop the claim of payment of dues. Or they may handover the back dated cheque to you.

After the meeting you should submit the minutes of discussion by letter followed by email, to good offices of your appointing authority, MD, with a copy to Head-HR and demand your payment by bank DD and documents to be supplied to you say within next 7 days by redg. post only. You may mention that you are enclosing a postage prepaid ( as purchased from PO) self addressed envelope for sending redg. post to you.

Thus you have remained gentle, amiable, and have given sufficient opportunity to the company, and if good offices do not provide relief you may approach your lawyer to issue legal notice and agitate to the O/o Labor Commissioner, Wages Inspector, Chief Inspector as in SE act, applicable to your state.

Kumar Doab (FIN)     04 June 2012

"If the company provides a FNF statement on plain paper and asks you to sign acceptance then and there, you may point out the variances if any, or accept the same and keep a copy and demand payment then and there."

Kindly amend  "or accept the same" to " write the FNF is not correct under protest, and payment is not made as on dated................(date of your visit.) Do not sign your acceptance if FNF statement is erratic,without suitable comments.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register