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Rajaram (Manager)     12 October 2012

Pending salary

Sir,I came out  from the company Two months ago who has not paid three months salary. Because I would not able to pay my room rent, mess bill, to pay loans' interest against me and my family depends on my salary.... My boss knows the fact and kept on silence in my scenario. I called him, he never responds to my calls, I send him emails, it is not replied after I came out from that company. Now I want my pending salary. But that company never responds to my requests. What shall I do to get my salary? Will they do any harm? I had informed to HR orally and in written email.



Learning

 4 Replies

Kumar Doab (FIN)     12 October 2012

Is your boss your employer/owner/prop/MD/Chairman of the company? You may confirm the same is for your HR. If no, you need to approach good offices of the company.

Ideally HR should be unbiased and take independent and fair decisions. In your case boss {es}, HR has been maintaining studied silence. Keeping an employee unpaid for 3 month’s is bad, and can be termed as unfair, illegal practice. Employee can charge all company personnel responsible for in time disbursement of salary/wages, claiming his representation have been falling on deaf ears. However employee should favorable written record.

You may go thru your appointment letter carefully and clause on termination/resignation, notice period/pay. If you have served notice period company can‘t adjust notice pay.

However company should supply you acknowledgment and acceptance of resignation, service certificate, FNF statement showing computation and disbursement of all payables, payment of FNF dues, 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 submit a final representation, narrating all previous representation {mention each date, name of company personnel} by letter thru redg. post addressed to good offices of your appointing authority, MD, Company Secretary, and ask to supply all of these payments and documents say within next 7 days, by redg. post, at your address given in the letter. You may mention that you are enclosing a postage prepaid self addressed envelope {as purchased from post office}for reply of company by redg. post only. You may obtain POD {certified copy of run sheet of post man} from PO by making a payment of Rs.10/-

If you want you may send a follow up email, to good offixes. 

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

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. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

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 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.

 

Rajaram (Manager)     13 October 2012

Sir,

Thank you very much for your reply. The institue is a sole proprietorship. My boss is a decision maker. There is nothing like standing order in that  institute. I had given resignation letter by email informing my decision. But at that time, they compromised promising me that I wil have timely salary. I had served notice period. But they finally cheated me.

Kumar Doab (FIN)     13 October 2012

You may submit a final representation, narrating all previous representation {mention each date, name of company personnel} by letter thru redg. post addressed to good offices of your appointing authority, MD, Company Secretary, and ask to supply all of these payments and documents say within next 7 days, by redg. post, at your address given in the letter. You may mention that you are enclosing a postage prepaid self addressed envelope {as purchased from post office} for reply of company by redg. post only.

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.

Madison Soto   21 January 2020

My friend left his company about a month ago but he has never received his last two months alary it is bad. N we want to take action about this pity or top 10 resume writing services to help our friend to make his life easy.


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