Upasana Gulati 08 September 2016

Not got the salary

Hi Everyone,

I think this forum can help me in below query!

I was working with the organization in Delhi. I have joined them on June'15 as a HR manager. I have got all the documents relsted to appointment, increment, relieving etc. I have left them in July'16. The company is going through financial crunch and didnt paid my salary since Apr'16 to July'16 plys My ELs money which come around 2 Lacs. I have heard that they are winding up the company at the end of September'16 but its just a spread of word which is there. The director called yesterday and told that he doesn't have money and dont know when will it come. So will pay but no date had been given. I want to know that how should i proceed to get my dues now.

Also, previuosly they were giving salaries by cheque then since January they were releasing the salaries by Cash. They have not paid ESIC and PF but these deductions were not included in my salary components. and how much will it cost to hire a lawyer and how much time it will take to get the final desicion if i file a case against the company.

My salary was 50000K p.m

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8 Replies

Kumar Doab (FIN) 08 September 2016

Firm up your next venture ASAP.

Approach avery able counsel specializing in labor/Service matters.

Your counsel after considered examination of facts,docs on record may opine;

As a HR Manager you might be and/or might not be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Delhi Shops & Estbs Act, depending upon your nature of duties as in appointment letter and in practise (on record).

You might be and/or might not be covered by ,as per def. of wages as in Payment of Wages Act.

If you are not covered then you have the options to;

Lodge complaint u/s 406,420

Civil suit for recovery,damages

Filing winding up petition

etc

Kumar Doab (FIN) 08 September 2016

You may narrate all reprsentations ( mention dates/names/brief minutes) on payment of earned wages on due/promised date (mention date) and conclude that employer breached its own promise (in gentle words; dirctly/indirectly as suitable to you.......................and employer was unworthy of being employed with) and you are unable to work without wages................so that burden of notice period/pay is not fastened on you.

Don't forget to mention that NO tasks were ever pending at your end,your work was duly appreciated,and NO stinker.SCN was sever issued to you.

Build some irrefutable, favorable written record.

You can draft as suitable to you.

Request to supply all salary slips of all months, salary of all months,pending dues,waiver of notice period/pay, correct FnF statement (showing computation of earned wages/EL/bonus/incentives/reimbursments etc),FnF dues, service certificate,relieving letter ( with good comments), PF a/s slips,ESIC card, Form 16 as per correct FnF statement etc etc..............

Upasana Gulati 08 September 2016

HI,

Can you please provide me your number(Mail). Also, what are the charges of the lawyer.

Regards

Upasana

Kumar Doab (FIN) 08 September 2016

The fee of a counsel vary.

You may prefer to enggae a very able counsel specializing in labor/Service matters.

It is altogether field and there a few counsel that specialize in it.

Such matters are referred to them.

Upasana Gulati 08 September 2016

Can you refer someone?

Kumar Doab (FIN) 08 September 2016

Can only try.

You may send your contact details, by PM.

Ritesh Maity (Labour Law Advocate) 09 September 2016

You need to act fast and place your demands of outstanding salary and full and final settlement and other dues, if any, in writing as soon as possible. Thereafter initiate legal proceeding at the earliest.

If PF has been deducted from your salary but not deposited to the authority, then you can directly complaint before the EPFO.

The fees of a lawyer vary from lawyer to lawyer as well as place of practice.