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manishagarwal   08 April 2015

Non-payment of last salary after leaving job

I have worked in an organization from April 2014 to Feb 2015 as an IT recruiter. After resigning and completing all relieving formalities I have not been paid my last month's salary despite several reminders. What kind of actions can be taken against this organisation ?



Learning

 3 Replies

saravanan s (legal advisor)     08 April 2015

first send them a notice asking them to realease your pending salary within fifteen days.if they dont respond file a case before the labour court

Kumar Doab (FIN)     12 April 2015

 

 

You may approach an able Labor Law Consultant/Service matters lawyer that can help you to determine that you shall be covered as 'Employee' as in (Name of the state) Shops and Establishments Act,' as Workman' as in ID Act............and under Payment of Wages Act…..and then you may approach Inspector appointed under  Shops and Establishments Act...............The O/o Labor commissioner can guide you if labor Inspector is also officiating as Inspector  Shops and Establishments Act/Payment of Wages Act  and  can provide the contact details of all............

 

You can also approach Employee’s and Trade Unions e.g CITU/INTUC/AITUC/BMS etc......... 

 

 

 

Legal notice is sent by lawyer. However you may prefer Labor Law Consultant/Service matters lawyer

 

The union can also serve demand notice. 

 

 

The employee can lodge complaint the moment payment of earned wages is delayed even if by a day from usual/fixed pay day and employer can be penalized say Rs.7500/instance……….

The salary slip has to be supplied at least a  day before pay day and should be signed by both employer/employee. The salary slip has to show each deduction including statutory one s:::PF,ESIC,TDS …………….

 

 

If last salary was not processed then PF,ESIC,TDS might have not been processed……….

 

Employer is liable to supply acknowledgment of notice of resignation, acceptance of notice, acceptance of final resignation, service certificate, relieving letter, correct FnF statement showing computation of earned wages/leave encashment/bonus/TDS/incentives/reimbursements  etc for verification and acceptance, Form16 as per correct FnF statement, PF number with a/c slips,ESIC card etc………………..within last date in office……………….

 

If you had tendered notice then employer had sufficient time to complete all formalities and handover everything on last day………………….in office.

 

Your Labor Law Consultant/Service matters lawyer may opine that you can also file complaint u/s406,420……………………winding up petition as unpaid wages are debt on employer and approach:

RPFC

ESIC Inspector

 

ITO-TDS where you file ITR and CIT-TDS where company files ITR… 

T. Kalaiselvan, Advocate (Advocate)     12 April 2015

A notice to employer demanding the pending salary and other dues to be sent in which the steps taken  by you and their responses can be mentioned in addition, wait for the reply/response and decide further course of legal action.


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