Pending salary & fnf

1. Since your emplyment was contractual then you can file a summary civil suit under order 37 Rule 2 of the civil procedure code before the District Civil Court making the Hotel owner as respondnet seeking payment of your dues.

If the salary is not paid on due date then employer has already breached the contract and trust and clauses like notice period should loose its sanctity.

Why the salary of Oct14 was not paid till April?

The salary of March15 should have been paid max. by 10th April.

The employee can lodge a complaint the moment earned wages payment is delayed even by a day and employer can be penalized say by Rs.7500/instance.

The salary slip should be supplied atleast a day before disbursement of wages duly signed by employer.

Was the salary slip supplied to you for each month?

Did you mention in communications about non payment/delayed payment of wages?

Did you cover the visits to HR in minutes?

The employer has to supply the PF number and PF a/c slips of each year?

Non submission of PF is criminal offence and police complaint can also be lodged.

Visit RPFC in the nearest PF office with written complaint and pursue thru RTI or issue legal notice to EPFO.

Approach:

Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc

Able labor Law Consultant/Service Matters Lawyer/Law Firm

Inspector appointed under (Name of the state) Shops and Commercial Establishments Act, Payment of Wages Act

O/O labor Commissioner

Your counsels may opine that you can lodge complaint u/s 406,420, and winding up petition...................as unpaid dues are debt on employer.

the company was not paying salary to all employees on time.it is coming since last 3 years by saying that non availabilty of funds, also company has been found defoulter in many cases, bank loans, ESI, EPF, etc and many more.

Even they are not providing me the salary slip of march-april after my resignation, it was on line sytem to generate the salary slip as i have resigned they have deleted my account.

I have mentioned the details that my salary is still pending in my written communication, but i don't know how to cover minuts of meeting with HR in face to face.

My total FNF amount is about 30K approx. If I do something legal than i have to spend a lot money to recover this amount that can cause some more financial burden on me.

However I have registered an online greiviance to EPFO also have made one RTI stationg that to provide me the account details & available balance in the account to EPFO. Waiting for an action from their side.

Please advise

For all issues as already pointed out you should consult elders in the family, competent and experienced well wishers, Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc, Labor Law Consultant/service matters lawyer/law firm, and they can help you to have further and finer understanding of your rights and can also draft your representations.


You may visit the local labor Court, CGIT, Civil Court and inquire about the Labor Law Consultant/service matters lawyer/law firm and consult them. The fee may not be high.

The authorities have already been suggested to you.

PF; You can lodge police complaint also. RPFC can initiate a super fast action or they also know that you can initiate RTI and also approach consumer forum against EPFO,Company………….and EPFO can be penalized.

Salary Slip: Inspector appointed under (Name of the state) Shops and Commercial Establishments Act, Payment of Wages Act will get you salary slip also.