Non payment of salary by the employer

Hi Team,

My name is Ayush Tiwari, i belong to very common family and me and my brother working hard to survive of our family also paying money for dues of bank (Took for sister marriage), My concern is really critical which brings tears in my eyes because of one Doctor my life spoiled totally (gave me medicine which impact on my small and large intestine so have huge operation) but now my concern is that i was working with "Olefia Biopharma Limited, Address -: A-13, Highway Tower, Sector-62, Noida – 201309, Uttar Pradesh – INDIA, 24 x 7 Help line: +91 8126001234, Email : olefia@olefia.com, Website : www.olefia.com" as a Area Sales Manager (Join this company as a Assistant sales Manager), worked hard for this compay and also given 30 days notice period as per company asked me to do for resign (I want to resign), and company HR said that i will get my full&final payment at same time when my notice period will complete and i will resign, but when i reached to give resign company HR informed me that i will get my whole money (Notice period month salary + last dues payment and incentive + expenses of notice period month) after 3 days in my account of PNB which is registered with them, but i recieved few amount so i called to my HR she said that she don't know anything, asked me to talk with owner, so i talk with owner and owner said that i will get rest money in 45 days after the date of resign, so i get agreed with (because company rules says same0 but when i called owner to remind about my payment he said that i will get my money after 5 to 6 month (Actually i have an serious operation in last year september of my intestine get damage, so at that time owner gave me advance money 25000 as not having any insurance or medical insurance in that company and owner said that i can pay this amount slowly slowly because i was in critical stage at that time, and i paid amount this year before end of march (7th march)], thats why he said how much late i paid advance money that much late he will give my full and final money, i am to need of money to pay dues of bank otherwise i am paying too much extra charges on dues, please help me and tell me how can i get my money by legal action soon, because i am too much need of money and my financial condition is not so good, so please help me, because owner trying to take out his personal gurdis now. please help me pleaseeee.
                                                                         THANK YOU TEAM FOR SUPPORTING ME

 

Please reply me please 

@ Dharmishtha,

 

While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on probation/Confirmation/termination/resignation/pay day for salary.
 

Since how long you are working with this company?

 

Do other employees/you have copy and POD of notice of resignation tendered by you? Did you mention the notice period/LWD in it? Did you mention that your unpaid wages is reason for termination of employment as employer is unworthy of being employed with?

 

Did you mention that to whom you should handover the charge within LWD and that NO tasks are pending as on date and routine duties be assigned that can be completed on day to day basis within and upto LWD?



Has the competent employee of establishment acknowledged it and accepted it?




What is your designation and nature of duties in appointment letter and on record?


You are in which state?


Whats is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

 

You were under probation/confirmed?

 

Has the employer supplied salary slips of those months also for which no salary is paid?

 

Would your next employer absorb you without acceptance of resignation, FnF statement/settlement, service certificate, relieving letter?

 

 

 

Hi Am rifat, I am working in a recruiting firm from last month. Whenever I ask for the salary they don't give me and they ask about fulfilling the target but at the time of interview they didn't discuss about any target. Please suggest me what should I do in this situation

@ Ayush Tiwari,

Did you sign any receipt for advance?

Was the advance shown in salary slip?

Was installments paid by you shown in salary slip, or any acknowledgment was issued?

Was it mentioned in appointment letter that you will get medical/health cover?

You worked at which HQ?

Do you have approved TP and acknowledgment of submission of tour bills?

The owner can adjust and due amount in FnF statement and supply the same followed by FnF payout.

The time for FnF payout is LWD (as in your case you have given due notice of 30days), say within 3 days from LWD , max. by usual pay day.

 

What was your last drawn salary?

 

 

 

@ Rifat Tabassum,

While initiating such queries the querist should post the basic information as asked from @ Dharmishtha.

You may post your reply pointwise.

Originally posted by : dharmishtha
	Hello Team,  I am writing to get your expert advice about my ex employer who has not paid me and my collegues salary from past 6 months. I had tried writing and seeking my dues by all possible and amicable means but the company owner doesnot respond to either mails, messaages or whatsapp. 4 people have left job and none of them got their final settlement till date. We were assured that final settlement would be done maximum in 2 months however nothing was done. I was in marketing and the client that I brought for them, they could not deliver the service to her and now she has terminated the contract and asking them to refund her advance payment but the owner has blocked her email's and doesnt answer her calls as well.  I have all the documents offer letter, salary slip etc. One more thing the company doesnt pay PF also. Kindly suggest what can be done in this case. Thanks Dharmishtha

 

You can make your claim claim in writing (letter sent through speed/ registered post) before the employer. If they don't respond, you can file complaint against them under S&E Acts/ Payment of Wages Act/ ID Act depending on nature of your employment, type of organisation, etc. 

For full and final settlement, please write to them also. Please contact a lawyer with all documents for better advice. 

Originally posted by : Ayush Tiwari
	Hi Team, My name is Ayush Tiwari, i belong to very common family and me and my brother working hard to survive of our family also paying money for dues of bank (Took for sister marriage), My concern is really critical which brings tears in my eyes because of one Doctor my life spoiled totally (gave me medicine which impact on my small and large intestine so have huge operation) but now my concern is that i was working with "Olefia Biopharma Limited, Address -: A-13, Highway Tower, Sector-62, Noida – 201309, Uttar Pradesh – INDIA, 24 x 7 Help line: +91 8126001234, Email : olefia@olefia.com, Website : www.olefia.com" as a Area Sales Manager (Join this company as a Assistant sales Manager), worked hard for this compay and also given 30 days notice period as per company asked me to do for resign (I want to resign), and company HR said that i will get my full&final payment at same time when my notice period will complete and i will resign, but when i reached to give resign company HR informed me that i will get my whole money (Notice period month salary + last dues payment and incentive + expenses of notice period month) after 3 days in my account of PNB which is registered with them, but i recieved few amount so i called to my HR she said that she don't know anything, asked me to talk with owner, so i talk with owner and owner said that i will get rest money in 45 days after the date of resign, so i get agreed with (because company rules says same0 but when i called owner to remind about my payment he said that i will get my money after 5 to 6 month (Actually i have an serious operation in last year september of my intestine get damage, so at that time owner gave me advance money 25000 as not having any insurance or medical insurance in that company and owner said that i can pay this amount slowly slowly because i was in critical stage at that time, and i paid amount this year before end of march (7th march)], thats why he said how much late i paid advance money that much late he will give my full and final money, i am to need of money to pay dues of bank otherwise i am paying too much extra charges on dues, please help me and tell me how can i get my money by legal action soon, because i am too much need of money and my financial condition is not so good, so please help me, because owner trying to take out his personal gurdis now. please help me pleaseeee.                                                                          THANK YOU TEAM FOR SUPPORTING ME   Please reply me please

You can definitely get the outstanding money through legal action but it is very difficult to tell how soon you can get. Please write them asking for the money (through speed/ registered post) and if they don't then please consult a lawyer with your documents and send a legal notice.

Originally posted by : rifat tabassum
	Hi Am rifat, I am working in a recruiting firm from last month. Whenever I ask for the salary they don't give me and they ask about fulfilling the target but at the time of interview they didn't discuss about any target. Please suggest me what should I do in this situation

Salary is generally paid between 7th to 10th of the next month. Salary cannot be withhod on the ground on not meeting the target. Please write to them to clear the outsanding salary as soon as possible. Try to keep every communication documented in order to get legal benefit later, if required.

The querist (s) may post reply to all points, pointwise, for further response.

Hi Team,

My name is Ayush Tiwari, i belong to very common family and me and my brother working hard to survive of our family also paying money for dues of bank (Took for sister marriage), My concern is really critical which brings tears in my eyes because of one Doctor my life spoiled totally (gave me medicine which impact on my small and large intestine so have huge operation) but now my concern is that i was working with "Olefia Biopharma Limited, Address -: A-13, Highway Tower, Sector-62, Noida – 201309, Uttar Pradesh – INDIA, 24 x 7 Help line: +91 8126001234, Email : olefia@olefia.com, Website : www.olefia.com" as a Area Sales Manager (Join this company as a Assistant sales Manager), worked hard for this compay and also given 30 days notice period as per company asked me to do for resign (I want to resign), and company HR said that i will get my full&final payment at same time when my notice period will complete and i will resign, but when i reached to give resign company HR informed me that i will get my whole money (Notice period month salary + last dues payment and incentive + expenses of notice period month) after 3 days in my account of PNB which is registered with them, but i recieved few amount so i called to my HR she said that she don't know anything, asked me to talk with owner, so i talk with owner and owner said that i will get rest money in 45 days after the date of resign, so i get agreed with (because company rules says same0 but when i called owner to remind about my payment he said that i will get my money after 5 to 6 month (Actually i have an serious operation in last year september of my intestine get damage, so at that time owner gave me advance money 25000 as not having any insurance or medical insurance in that company and owner said that i can pay this amount slowly slowly because i was in critical stage at that time, and i paid amount this year before end of march (7th march)], thats why he said how much late i paid advance money that much late he will give my full and final money, i am to need of money to pay dues of bank otherwise i am paying too much extra charges on dues, please help me and tell me how can i get my money by legal action soon, because i am too much need of money and my financial condition is not so good, so please help me, because owner trying to take out his personal gurdis now. please help me pleaseeee.
                                           THANK YOU TEAM FOR SUPPORTING ME

 Worked in company for 13 months and they did not ask to sign any document or no rules on returning of money, even there were no documentattion that owner paid me advance money.

Today i visited (27/5/2016) office for payment, owner mr.mittal said frankly go to police, go to media or go to any one i will not pay you, do what ever you can do, because he know that i belong to medium class faimly and no one supportive to my faimly, Team you all have to help me to show this kind of owners of company that time has been change no one is helpless in india PLEASE HELP ME PLEASE OTHERWISE I HAVE TO COMMIT SUCIDE, even owner said that go and do sucide, Please help me TEAM

Please reply me please 

From your suggested facts, it seems that there is no use of talking and settling the issue. If you want to proceed forward legal, you can definitely claim your dues/ salary etc. 

Depending on your nature of employement, salary, length of service etc. your total amount of full and final settlement can be calculated. 

If there is no document to prove that the company has given you some money in advance, then in absence of such documents it will be difficult for the company to prove the same and recover it from you. 

Coming back to your outstanding dues, you have to send a notice (yourself or through lawyer) and if they don't pay, then you have to file your specific claim in appropriate forums. If you wish to proceed further legally, then consult a labour law advocate with all your documents as soon as possible.

@ Ayush Tiwari,

You have not replied to any point, pointwise.

It has been made clear by employer to you that employer has nothing to do with personal problems, Dukh, greivances etc.

It is of no use to wein and show yourself as Dukhiya.

Even if you were an Area Manager, the employee's unions e.g. FMRAI, may still embrace you.

If you are suffering from negligence of your doctor then gather all proofs and approach Consumer Forum.

You may also approach Inspector appointed Payment of Wages Act.

Or you can approach Civil Court,

FIle suit with damages

File winding up petition

File complaint u/s 406,420