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farhat sayed (NA)     24 January 2013

Incentives and unpaid claims

My cousin is working in TRUIMPH SYSYTEM AND SOLUTION PVT LTD. he had gone to chenai to condust training for his company for two months and after returning he filed all the bils that he had incurred upon himself like food etc teh same has not yet been paid to him yet his claims and incentives is approximately 10000 and now as he has gone to chennai again for two months and asking for previous claims there is no reply from the company they just say we never hold any pemployees salary for undue reason but still not paying the same as this person has his tenure till March and he has resigned from this company and in notice period for expiring on April what remedy this person has in the event of non payment of dues he has written several mails to HR  and other management who are not at all replying and what can he do if his compay refuses to give him releaving letter of his salary and other claims before or after the notice period end. As he is conducting a training for their client they are not replying anything but one thing is for sure that after training ends they might cause him problem at the last moment kindly suggest the precaution that he can take to join his new company and get his salary and claims from existing one.

 

Thank you



Learning

 1 Replies

Kumar Doab (FIN)     24 January 2013

What is this company an industrial or commercial

The employee may submit a gentle representation addressed to the good offices of his appointing authority, MD, Chairman, Company Secretary under acknowledgment and request for their intervention to disburse the payment of his dues for expenses he has incurred for company work {enclose copies of instructions for tour and training and bill} and narrate the representations made till date {enclose copies of communications sent to HR and other management} and also for payment of incentives earned with his hard work and by satisfying the conditions of incentive circular { enclose copy of incentive circular and performance data} and seek relief from god offices.

The employee may ask for payment of the amount immediately citing financial hardships being faced by him and also request for advance/imprested cash to meet expenses of the tour.

It is safe for the employee to avail advance/imprested cash for company’s work.

Usually the company makes boarding and lodging arrangement as per its internal policy whenever employee has to attend training or impart training.

The word training does not necessarily imply that employee shall not fall within the definition of workman. The designation alone does not decide employee is a workman or not.

In a given situation employee can invoke the clauses of IESO Act/model standing orders, SE Act, ID Act, Payment of Wages Act etc….as per explanation of employees under these enactments or may have to agitate in civil court.

Valuable advice of learned experts/members is sought.


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