Rajgopal 08 August 2016

Not paying salary

Hi All,

I have been working for a start up from December 2015. There were around 40 people in this start up, but now most of them have left. Initially the CEO said tat the product of his company is ready and will launch by April and the investment will pool in. But till today nothing has happened and the remaining staff of the company is still waiting for the offer letter and the salary. When everyone approached the CEO he is giving everyone different reasons for not paying salary. If somebody goes and asks him about salary or offer letter he tells you have not done enough work and the investor is telling to remove you.

Last month he had promised that the he will be paying salary by august 1st week 2016, but wen we asked he is telling that i am not holding back you guys, you guys can leave if you want. So couple of staff have decided that we will file a FIR against him for fraud, but before doing that we need some suggesstions on how do we proceed.

Thanks,

Raj

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3 Replies

Kumar Doab (FIN) 08 August 2016

Download evidence of recruitment, appointment, employment,attendance.

Submit in writing under proper acknowledgment that you were called for interview on dated............by Mr/Ms...............of M/sd...................at .......................address............selected on dated..............and joined duty on dated.......................as...............for monthly salary @ Rs......../paand have been working and attending office on daily basis since then.

Salary of month ....................was paid on dated..................not paid for month.................till dated.........................Salary slips of months.........................have not been supplied till dated................

You have reprsented to Mr/Ms....................on dated.....................(,mention all dates/brief minutes) and recieved assurance to pay on dated..............................etc

And request to supply appointment letter/salary slips/salary/PF number/ESIC card/attendnace card/ etc etc..............

You are in which state?

What is your desigantion, nature of duties,monthly salary?

What si this establishment; Commercial, Industrial?

What is its line of business?

Rajgopal 08 August 2016

Hi Kumar,

As i mentioned earlier no appointment letters were given to us. It was only verbal to us that this is your role and your salary is XXXX. The temp place where the office was situated had an attendance register. Will that help.

The start up is in Bangalore. I am not sure what to do coz i have couple of other people who are in the same situation. Everybody is worried if we do anything we might not get money.

Kumar Doab (FIN) 09 August 2016

You have not replied to all points, pointwise.

Attendance register can help.

There are many IT/ITeS employees unions and have affilliated with trade unions and have done a good job. Higher Officials of Dept. of Labor : Karnataka had inflicted heavy penalty on an IT company for violations..............

You may preferably proceed further thru a very able Labor Law Consultant/Service matters counsel.

If you are covered by the def. of 'Workman' as in ID Act, 'Employee' as in Karnataka Shops & Estbs Act then you can approach:

Inspector appointed under Karnataka Shops & Estbs Act

O/o Labor Commissioner

Higher Officials of Dept. of Labor : Karnataka

It is mandatory to issue appointment letter as per Karnataka Shops & Estbs Act ;Sec;6A.

If your wages are upto Rs.25000/pm as per def. of wages in Payment of Wages Act then you can approach Inspector appointed under;Payment of Wages Act. This Act does not discriminate between 'Workman' and 'Non 'Workman''. It is mandatory to issue salary/pay/wage slip atleast a day before payday as per this Act also.

Your counsel may opine that you can lodge complaint u/s 406,420, winding up petition.

Inspectors under various Act and police can collect/confiscate attendance register.

There are various registers that an employer is to submit as per the Acts e.g; Karnataka Shops & Estbs Rules.