Non payment of wages by employer

Please find below the conversation over the mail.

Please find below the conversation over the mail.

You should send them a legal demand notice and also take action against them under labour laws

Salary has to be paid within 7-10th of the next month. Since the company has not paid, you have to demand the salary first by way of sending a notice/ legal notice before apporaching legal forums. 

Please send the notice in hard copies under registered/ speed post and keep the receipts/ track report for future reference.

This association gives numerous answers for the issues and safe the representatives and serves to the people groups keep it up. Helen Magnus Jacket

The attachments could not be downloaded.

Your designation as posted by you is, Corporate Business Head.

Nature of duties on record can help to decide which forum you can approach.

Total dues posted by you including Deposit and 1 month salary is: Rs.60000/.

How much is deposit out of it? Why such deposit was collected from you? Were you asked to deposit in writing? Was any receipt issued?

What is break up of Monthly salary?

It can help you to decide if you can approach Inspector appointed under Payment of Wages Act.

Did you sign any agreement/Bond to serve for 1 year? If NO; then how can condition of forfeiture of so called Deposit be applied in your case?

Did you mention in notice of resignation/resignation that you are willing to serve notice period?

If there is record to substantiate then rather employer may have to pay notice pay to you.

Reply to their objections and write to good offices of appointing authority, MD, and demand to supply the acknowledgment and acceptance of resignation , correct FnF statement ( showing computation of earned wages/leave encashment/bonus/reimbursement /refund of security deposit/notice pay;payable to you etc) , Form 16 as per correct FnF statement, service certificate, relieving letter,NOC/NDC, salary slip of all months, etc by Redg. Posy so as to reach in say next 7 days.

Dear Sir,

Thank you so much for your response.

I did not sign any agreement with the organization.

When i resigned the organization did not revert back on approval of my resignation also did not mention my release date. Instead they deleted my official mail account. After that the conversation that took place were over mails from my personal mail id and whatsapp. Where i have mentioned that I am ready to serve the notice period.

And also they did not provide me with salary slips. Though i have been constantly asking for the same. 

30000 is the deposit that they deducted in 2 installments from my salary. Mention of which is in my offer letter. 

And also they did not provide me with any salary breakup. Even i have been asking for the same. 

What is issued to you: offer letter or appointment letter or both?

This is without any reference to comment by member above in 4th  last post in the thread: “Releiving you either by notice period or pay is the discrition of the management.”

The right of notice pay in lieu of notice period if exits then it should be equitable and not arbitrary.

Moreover the option of notice pay in lieu of notice period is well explained by various enactments applicable to establishment/employer/employee. ( Your coverage by such is yet to be seen).

30days notice period might be sufficient for the employer to put ist house in order and complete the exit formalities.

 From your side you need to place on record that NO Tasks are pending at your end and to whom you should handover the charge within and upto LWD.

What is the notice period mentioned in appointment letter (or offer letter if NO appointment letter is issued to you)?

What is tendered by you: notice of resignation (if yes what is the notice period tendered by you) or resignation with immediate effect?

Based on reply to above and communications already exchanged you need to draft reply quoting from offer/appointment letter etc and contest all contentions of employer and its attorney’s in Legal/HR cell………….and conclude that their approach is erratic and against the contract.

You may take help of seasoned employee’s/trade union leaders, counsel specializing in Labor/service matters. 

Offer letter is issued to me. 90 days notice period is mentioned in my letter. I just wrote a resignation mail. and i was waiting for there approval on that. As well as i was expecting them to revert with my release date. Instead they did not respond at all and also deleted my official mail account.

Once again the attachments could not be downloaded.

Hope you shall take it positively.

The designation of Corporate Business Head, salary of Rs.30000/pm and acceptance of deduction of so called security deposit equivalent to one month salary, indicates that you are not properly informed, have never been member of employees/trade unions and have not obtained any legal opinion before signing on the dotted line, and did not conduct any survey on employer before applying for job and accepting offer of employment.

You did not ask for appointment letter, salary slips in writing?

What was tendered by you; Notice of resignation or resignation with immediate effect?

Why are you posting that release date was to be issued by employer?

If employee has decided to retire by resignation then employee shall chose the LWD!

Did you mention notice period and LWD in your notice of resignation?

Or the document tendered by you was resignation with immediate effect?

If it was notice of resignation; then did you continue to visit office to mark attendance and perform duty during notice period?

Was your entry in office also blocked alongwith official email id?

If yes did you minute these facts in your subsequent representations by emails?

Or did employer ask you: if you would like to serve the notice period, and you replied: Yes?

{Your post does not convey and thing properly::::”After that the conversation that took place were over mails from my personal mail id and whatsapp. Where i have mentioned that I am ready to serve the notice period.” Moreover attachments could not be downloaded}

Although your designation seems to be glorious and fancy: What was your exact nature of duties, on record?

Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise/conduct inquiry/issue SCN etc etc etc?

Can anyone modify/amend/cancel your sanction/recommendations?

You may take help of seasoned employee’s/trade union leaders, counsel specializing in Labor/service matters.