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Avinaash Menda   31 August 2018

FNF Salary Not Happening

I was working with one of the Big4 on 3rd Party payroll. Company who was handling my payroll is a different company. I was on contract with the company for 1 year. But I decided to move on within 2 months due to nature of work was not suitable to me. Although I served proper notice to the client which was mentioned on my appointment letter my Salary is not being disbursed. I didn't held back any assets of client n have not done anything which breached contract. Need help to get my fnf done. Both the company's are blaming each other one says payment is done from our end n payroll company says it's pending from them. It's just the mental harassment am going through. If someone could please guide me to take legal steps against the payroll company it would be helpful.


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 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     31 August 2018

Dear querist,

Please approach employer on whose pay roll you work to find why your FNF is delayed as it better to settle matter without engaging third front.

 

If your employer has delayed your FNF in order to harass you, send legal notice claiming your FNF within 15 days. Failure to do will force you to take legal step.

 

If Legal notice does not serve your purpose then complain to labour Commissioner. Which will eventually land up to Labour Court if not resolved by Labour Commissioner.

 


 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

Avinaash Menda   31 August 2018

Thank you sir for quick response.

Kumar Doab (FIN)     31 August 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

What was your salalry (break up)? This is for your understanding and jurisdiction under Payment of Wages Act.

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN)     31 August 2018

Hope you the copies of all documents e.g; contract, secondment (if seconded to client), appointment letter, salary slips, notice of resignation and IT’s POD/acknowledgment/acceptance, handover of charge, NOC/NDC etc ..

You ay seek relief from god offices of appointing authority/MD of employer by writing reminder and narrating all interactions.

Remain gentle and amiable.

Thereafter, if nothing works, you can as per your coverage/jurisdiction approach;

Labor Inspector/ALC  ( appropriate govt as in your case)

Inspector appointed under Shops & Estbs Act

Inspector appointed under Payment of Wages Act

Higher officials in dept. of Labor

Civil Courts

 

Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, seasoned employee’s/trade union leaders, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL Labor court/CGIT, Civil courts, School-Educational Tribunal, CAT, HC, SC…

Elders of your family, competent and experienced well wishers, seasoned PIP’s, seasoned employee’s/trade union leaders, helpgroups….can also guide you to such counsels.

Employee’s/trade union leaders can also represent you.

Avinaash Menda   02 September 2018

Thank you for your response sir.

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