Ex employer not paying pending salary since 6 months

Approach relevant labor commissioner, who could conciliate and get you relief, 1st step.

What was your designation and nature of duties?

You have worked for how many months?

Did you submit notice of resignation or resignation with immediate effect?

Did you mention reason for resigning as Non payment of earned wages in notgice/resignation,subsequent communications?

What was your salary/month?

Did you get any appointment letter, salary slips of all months, PF number and a/c slips, ESIC card,Form16, acknowledgment and acceptance of notice/resignation, service certificate, relieving letter etc?

Originally posted by : dr g balakrishnan
	Approach relevant labor commissioner, who could conciliate and get you relief, 1st step.

Thanks. I will do it asap

Originally posted by : Kumar Doab
	What was your designation and nature of duties? You have worked for how many months? Did you submit notice of resignation or resignation with immediate effect? Did you mention reason for resigning as Non payment of earned wages in notgice/resignation,subsequent communications? What was your salary/month?     Did you get any appointment letter, salary slips of all months, PF number and a/c slips, ESIC card,Form16, acknowledgment and acceptance of notice/resignation, service certificate, relieving letter etc?

Designation:
Asst Sub Editor

Nature of duties:
Basically, Coordination between different departments, being part of Shoots, Interviews, Stories, Editing work, Visualising & assisting designers, Event Mgmt., Handled Marketing team of 3 associates for 3 different Regions including going myself for Ad & Distribution.

Worked for 3 Months.

Wanted to serve notice period but they didn't let me, and asked me to leave from immediate effect as I was asking for my 2 months salary, and that too when I was going through very hard times. My father's treatment was goin on in PGI. So I submitted resignation with immediate effect on last date of 3rd Month.

Yes, I mentioned "Non payment of salaries" as one of the reasons in official communication on last day, I got a very harsh mail from one of the directors right after I sent them a request mail to confirm final date of payment first, putting all kind of blames he could but he even knew it was all baseless?

Salary/month?

Rs. 25K/Month

Yes I got duly signed appointment letter, but they didn't provide any salary slips. I can show the bank transaction for first month (which was also late by 14 days). They didn't have any provisions of PF or anything. I do have acknowledgment and acceptance of notice/resignation in the same mail. They didn't give me experience certificate or relieving letter, as they used to say We will give it along with the salary.

"Wanted to serve notice period but they didn't let me, and asked me to leave from immediate effect as I was asking for my 2 months salary.........................Yes I got duly signed appointment letter, "

What is the notice period mentioned in appointment letter? Is there clause on notice pay in lieu of notice period?

Do you have any evidence (audio/visual/witnessed/minuted) of demand/force/pressure etc of resignation?

Did you resign with immediate effect or by notice Or did you mention LWD/notice period in resignation?

As 'Asst Sub Editor' if your nature of duties and in appointment letter and in practise are within the def. of 'Workman', or if the establishment is covered by  Shops & Estbs Act and you by def. of 'Employee' in th said act then you can approach o/o Labor Commissioner.

"Yes, I mentioned "Non payment of salaries" as one of the reasons in official communication on last day"

 This may render notice period as void since employer breached trust and its own obligation to pay earned wages on due date.

Originally posted by : Kumar Doab
	"Wanted to serve notice period but they didn't let me, and asked me to leave from immediate effect as I was asking for my 2 months salary.........................Yes I got duly signed appointment letter, "   What is the notice period mentioned in appointment letter? Is there clause on notice pay in lieu of notice period?   Do you have any evidence (audio/visual/witnessed/minuted) of demand/force/pressure etc of resignation? Did you resign with immediate effect or by notice Or did you mention LWD/notice period in resignation?   As 'Asst Sub Editor' if your nature of duties and in appointment letter and in practise are within the def. of 'Workman', or if the establishment is covered by  Shops & Estbs Act and you by def. of 'Employee' in th said act then you can approach o/o Labor Commissioner.   "Yes, I mentioned "Non payment of salaries" as one of the reasons in official communication on last day"  This may render notice period as void since employer breached trust and its own obligation to pay earned wages on due date.

I was on Probation period of 3 months from the date of commmencement of my job, which could be further extended to 3 months at the discretion of the management. Notice period during Probation period was 07 days notice/payment of 07 days salary in lieu thereof from either side. However, after confirmation of services, this appointment can be terminated by either party on one month notice or month basic emoluments in lieu of the notice period.

No, I don't have any evidence as such but yes I have the mail in which he himself wrote that they have stopped salary due to funding issues and have not paid salarry for 2 months.

I left the company with immediate effect (with mutual consent, at least from my side) as I mentioned it in the mail, but I did attend full day and signed day out on time. I do have No dues mail from them. And, all this happened on last day of the month i.e. 28th Feb. before that day, they were behaving normal and kept delaying by saying, we will pay in 2 days, 5 days and so on. In second week of the month, once when I went to HR to ask for salary, she said the other director needed to have a word with me, and it was conveyed to me that if I keep coming to ask for salary (previous month's salary) like this, so I am free to leave the company and it was said in quiet a dominant manner. I still kept quiet because I knew if I quit now, they won't pay me last month's salary.

They have only mentioned my designation but no duties or responsibilites in the letter and reporting to the Editor or other officers of the company.