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MantuKumar (SENIOR SOFT ER)     18 January 2015

Last month payment full and final salary non payment

Hi

I was working for HCL Technology Bangalore for the period of JULY, AUGUST, SEPTEMBER 2014 BY A A THIRD PARTY PAYROLL SCORG INTERNATIONAL PUNE

but September month salary upto 16 September , Scorg is not paying to me and telling stiil he did not get money from HCL Client Today  is January 2015 FNF and last month 15 days salary approx 35 thousand plus PF he is denying what to do?



Learning

 1 Replies

Kumar Doab (FIN)     18 January 2015

The salary has to be paid by the company that employed you on due/fixed/usual pay day even if the principles have not paid the company that employed you..........

 

It is felt that your establishment shall be covered by (name of the state) Shops and Commercial Establishments Act…………………..and this Act stipulates that earned wages have to be paid by fixed date/day…………and Payment of Wages Act and it also stipulates that earned wages have to be paid by fixed date/day…………….Min.Wages Act may also apply…..

Employee can lodge a complaint the moment the payment of earned wages is delayed by even a day and Employer/establishment can be penalized say Rs.7500/instance………..

 

You can approach Inspectors appointed under these enactments mentioned above as it is thier duty to ensure FnF payouts are paid on time.............and in addition Employee’s /Trade Unions too and you may contemplate to lodge complaint u/s406,420………………..

Unpaid wages are debt on employer and employee can proceed as recover the debt ………………as creditors to the establishment….

 

 

Salary slip duly signed by employer and employee has to be supplied to the employee atleast a day before the disbursement of wages::::You may go thru: Payment of Wages act; Sec13A; Min. Wages Central Rules26(3,4)………………………..then you may be under obligation to maintain various forms/registers pertaining to payment of wages under  (name of the state) Shops and Commercial  Establishments Rules and you may note that falsification of record is offence……

 

 

If you were provided with PF in previous months then you are eligible for it and employer has to deduct employee's contribution and submit it to EPFO alongwith employer's contribution and if employer has not done so then it has defaulted on PF and can be penalized……you can lodge complaint thru RPFC in nearest PF office.........

 

 

 

 

 

 

 

Therefore it is in  interest of employer to exercise restrain, strike rapprochement……………….. supply the acceptance of resignation, service certificate, relieving letter, PF number with a/c slips,ESIC card, salary slips of all months, correct FnF statement, Form 16 as per correct FnF statement, NOC/NDC and  buy peace….......

 

From your side you may submit final written representation under proper acknowledgment , addressed to owner/prop/employer .............narrating all previous representations (mention names,dates,phone numbers etc and brief minutes of discussion and reply.......) and demand pending wages and documents.......

 



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