Not getting salary from 3 month

What is this establishment: Commercial or Industrial?

 

You and redg. Office of the company is in which state?

 

What is your designation,nature of duties, notice period?

 

Did you receive salary slip for these 3 months?

 

Have you demanded payment of earned wages etc in writing?

Originally posted by : Kumar Doab
	What is this establishment: Commercial or Industrial? Ans: Commercial   You and redg. Office of the company is in which state?  Ans: Karnataka What is your designation,nature of duties, notice period? Ans: I am Regional Head look after business development  Pan India. My notice period is one month. Did you receive salary slip for these 3 months? Ans: No   Have you demanded payment of earned wages etc in writing? Ans: No   please suggest me whay should i do?

You may check if the employer is contemplating to close the establishment and prepare a list of the assets.

The employer has become unworthy of being employed with and firm up your next venture as ap.

 

>>> You may go thru:  Karnataka Shops and Commercial Establishments Act 1961:

Sec: 2(e)(g) (h) (k) (p) (w)

3,6,6A,7,8,18,21,26,27,29,34,39           

You may lodge complaint with Inspector under this Act for unpaid wages.

 

>>> All unpaid employees may lodge a joint/individual complaint with O/O labor Commissioner, Inspector under Payment of Wages Act.

 

 

 

 

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..

Employee can approach:

----Employees Unions 

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office

--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

  It is imperative to submit carefully structured representations demanding unpaid wages, salary slips and claim that under such situation created due to breach by employer it is not possible to bear expenses of attending to office and conditions like notice period has lost bits sanctity.

 

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 

 

 

 

Hi, I left an organisation without serving notice for 2 months. After 3 months, I was told to pay the full and final amount to get the documents via company hr mailbox. I paid the required amount. Then the company did fraud to me and refused to provide documents saying that I haven't served the notice. I consulted some lawyers and sent a legal notice to them. However they are not replying on that too. What should I do now? New company requires documents on urgent basis. Please help!!

Hi, I left an organisation without serving notice for 2 months. After 3 months, I was told to pay the full and final amount to get the documents via company hr mailbox. I paid the required amount. Then the company did fraud to me and refused to provide documents saying that I haven't served the notice. I consulted some lawyers and sent a legal notice to them. However they are not replying on that too. What should I do now? New company requires documents on urgent basis. Please help!!