Not getting my salary from june to oct 2012

since 28th is your last working day, company have to give your full and final dues on the same day if the company is terminating your service. you should ask them to give your dues by the closing hours of the last working day.

kindly put it on email to the HR Dept. and your Boss and take a print out of the same for your reference. also mark  cc to yours personal email id for your record. if you recive any reply then forward the same to your personal email id too.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Mr. Rohit has given valuable advice. Kindly follow it.

You should firm up your next venture as ap.

You may submit a gentle representation under proper acknowledgment addressed to the good offices of your Appointing Authority, MD, Company Secretary with a copy to Head-HR narrating all representations made by you so far by phone, email, letter, in person etc with each date, and name/designation/dept/address of company personnel to whom you had represented and request to supply you the salary from june-12 to till date and along with Travel expenses { mention exact amount of the expense statements month wise and date of is submission. Obtain acknowledgment, on copy of the expense statements} so as to reach you at once, and cite that  you are facing unbearable financial hardships due to delay by company.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

If you lodge a complaint you may succeed in getting a handle on the company.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

What is the reason mentioned in notice issued by company to you? You may succeed in establishing the action of the company is retrenchment.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office, along with FNF statement showing computation and disbursement of all payables, and also should provide Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms { if submitted by you or acknowledgment issued by PF office in original} etc. You may mention these may be supplied to you by redg. post and and postage prepaid {as purchased from PO} self addressed envelope is enclosed.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply.

Designation alone does not decide employee is a workman or not. Employee can also approach trade union.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If they are not reply then what should be the next steep,

Approach a lawyer and all authorities.

Approach a trade union of your trade.

If you can chase you may lodge a police compalint as well.

It is seen some employers release and relent the momment they find authorities breathing down their neck, and some yielding to legal notice, and some yield to order of court of law and some keep on perusing the litigation.

Try and get your dues.

Your lawyer should be able to evaluate all merits and you may proceed under expert advice.