sweet 07 February 2015

Not getting salary

Hello,

I was working with a company from Sep 14 to jan 15. they never give salary ontime. in january 2nd week the boss told me to do a task which is not for company but for other person so i said no for that task and gave resignation at that moment.he had still not given me my december's salary.when ever i asked for salary he said i'll give you when i get money.even he blocked me on his number.he is not even ready to give me other letters like reliving letter or experience letter. this thing irritate me lot. even he is not giving proper answer. after joining the company i feel he was doing fraud work. i want my money back its around 16000 which he didnt paid.my salary was 13000/pm and other jan's working day.i m in big financial problem coz of that.he was paying me on cash so no proof of paying & not paying. i feel my boss was a cheater.

please help me what to do...

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3 Replies

Kumar Doab (FIN) 07 February 2015

The employer may try try to square off your dues by adjusting notice period pay claiming that you have resigned with immediate effect.

Notice period applicable for 5 months of service may be NIL...............hence adjustment of notice pay might not be possible...

You should submit in writing that since your salary was not being paid on time and has not been paid you had no option but to leave and hence service condition of notice period (if stated in appointment letter) has lost its sanctity and should not apply.

YOu can approach: Employee's unions/Trade Unions,Labor Law consultant,Inspector appointed under (name of the state) Shops and Commercial establishments Act/Payment of wages Act, O/O Labor Commissioner....

Similar queries have been discussed in many threads and you can pick up relevant points..........

https://www.lawyersclubindia.com/forum/Relieve-before-notice-period-116215.asp#.VNYs3c-qr5Y

https://www.lawyersclubindia.com/experts/Non-issuance-of-relieving-letter-522061.asp#.VNYs_8-qr5Y

sweet 13 February 2015

thanks for your advice but that person is not even responding me. i dont knw what to do.. he just cutting my calls & not answering it. there are two partners but both are doing this. m in so much critical situation.feeling anger for this kind of company. they are definetly fruad. they had even not given salary to my collieuge who was working with me & even given resignation notice. when i said anything so they said they can make case on me for maan hani. coz they feel i had insulted him.my ex bosses are cheater. i dont know what to do.. i want my salary anyhow. please give me some best solution with budget also coz had some financial problem..

Kumar Doab (FIN) 13 February 2015

To save money you may note that::::: you can appear as 'Party in Person' ...............NO Fee is charged by lawful authorities as already mentioned above in previous post...............the employee's/trade unions can fight for you free of cost or they may charge a nominal amount..................It is a misconception that all lawyers charge hefty fee, and you can visit local labor Court and speak to Labor Law Consultants/lawyers....

Asking for salary is not 'Maan Haani'...............

However you may record all threats (audio/visual/by witnesses/minutes etc).

You may also go thru another thread at::

https://www.lawyersclubindia.com/experts/Employer-not-releasing-my-salary--522101.asp#.VN4ETmiqqko