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Anjani k Singh (S/W engineer)     08 December 2015

Need help!! company is not doing full and final settlement.

Hello Everyone,

 

I am writing this query on half of more than 20 employees who are waiting for their full and final settlement.

 

We were working in Mumbai based IT Company; we have left the company around two year back due to nonpayment of salary on time. We all served notice period.

 

From last two year we are following with company HR for our full and final settlement but always we are getting below reply from company.

 

“As you are aware, the company is going through a financial crisis.  It is our endeavour to clear the pending dues of employees in a phased manner based on availability of funds.

 We will get in touch with you once your legitimate pending dues are processed. We would also like to reiterate the company’s commitment to clear the dues.

 

Warm Regards,

Core Education & Technologies Ltd.”

 

 

 

Now the company has stop responding our mail.

 

Management has started another company (same premises with different name) and has transferred all the asset of old company into new company (software, client, employee etc.)

 

 

 

 

We need your help.

Please suggest us, what we can do, who should be contact? What should be the step we should take to get back our dues? Also please suggest a good lawyer who can assist us on above matter.

 

Thanks

Anjani



Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     08 December 2015

First check with the Registrar of Companies whether the old company is winded up and a new company floated.If it is disolved U may not get any respite legally also.The creditors can proceed against the Directors by filing for winding up  of the company to clear their debts.

Anjani k Singh (S/W engineer)     08 December 2015

company is BSE/NSE listed company, i dont think company legaly winded up, but it seems they are in process.

we are not aginest opening new company but we want our dues back. what we can do legaly to get back our dues.

 

Thanks

 

SAINATH DEVALLA (LEGAL CONSULTANT)     08 December 2015

“As you are aware, the company is going through a financial crisis.  It is our endeavour to clear the pending dues of employees in a phased manner based on availability of funds.

 We will get in touch with you once your legitimate pending dues are processed. We would also like to reiterate the company’s commitment to clear the dues.

Warm Regards,

Core Education & Technologies Ltd.”

Well the above para clearly illustrates the commitment they have given to the employees regarding payment of dues. U also said this has been happenning since 2 yrs.Now that the doors of the previous company are closed and there is no communication,send a legal notice to the company regarding payment of dues.But the legal notice should be in accordance to the terms and conditions as mentioned at the time of joining.

 

Kumar Doab (FIN)     08 December 2015

The debt has been accepted, by the company.

The new company and tarnsfer of assets (stock-flock-and barrel) is to hoodwink the law/legal authority.

Are employees in new company beind paid on time?

Your able counsel specializing in labor matters may advise that the stautory notice for winding up petition can be issued before filing for winding up.

 

All affected employees at any level while in service may join hands and approach ana ble counsel.

The able counsel may also advise that:

Complaint u/s406,420 be filed

Complaint with Inspector appointed under Bombay Shops & Estbs Act may be filed.

Civil court may be aproached.

Employee's/trade unions be approached.

Higher officials of Dept of labor be approached.

If salary si n ot processed then there must be default on PF,ESIC,TDS and complaint can be filed with respective authorities.

Don't waste more time.

You have already given a very long rope to this unscruplous employer.

 

 

jeffrey   10 December 2015

HI friends

       I finished Mechanical Engineering and join in CnF Automotive as Graduate Engineer trainee in chenai,they are giving salary 7500 for graduate engineers and they will take 1000 rs for psi esi food etc...totally if we work for a month i will get 6500 rs, if i take any leave they will charge Rs500 for absent + 250 per day, so if i take any leave i will get 5500 rs per month , with these money i can't survey in chennai. more over i want to see my rent transport food etc.   i doknow wheather the indian government have any law related to this ....

for engineer they are giving salary like this...... please help me or suggest me what i can do for this

Kumar Doab (FIN)     10 December 2015

@ Jeffrey,

 

Such position is: Trainee.... either as per 'Standing Orders of Management' or 'Apprentice' as per Apprenticeship Act/Apprenticeship Rules.

 

First of all determine how are you appointed?

There are many queries on similar subject at LCI alone and you can search in Forum and expert Section by typing key words in 'Search' option on bottom of this web page in Forum/ on middle of left hand side in experts section...........................and go thru these and attached judgments and rules etc...........

 

You may carefully go thru the job advt,job offer,interview call letter, selection letter, appointment letter and various policies/rules mentioned in appointment letter and also Standng Orders/apprenticeship rules and therafter if you feel there is any violation then you can approach;

 

State/Central officer I/c for Apprentice

O/o Labor commissioner

 

 

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     17 December 2015

Well explained by expert Mr. Kumar Doab, nothing more to add. You can proceed as per the suggestions made.


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