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vinoy (HOD)     04 September 2014

Salary and gratuity not paid

Pls advise me on following,

I was working in private ltd company since Mar 2009 who is registered with Registrar of the Companies at New Delhi / Haryana. Later on somewhere in 2011 company sold out delhi registered office premises and shifted to Noida, U.P. without changing address on the records. One of the key director lives in Delhi whereas rest in Noida

I worked with them on Senior most position for 5 years and few more days. DoJ is 13th Mar 2009 and Date of reliving is 22 Mar 2014. Monthly Salary was Rs. 1.75L

Employer had delayed salary and use to pay in parts which accumulate equal to almost for 6 months full salary. The reason he use to put forward that market financial position is very tight, cash flow is stuck in the market etc.

Finally had resign with 30 days notice served by e-mail, and finally relived from services without getting pending salary or gratuity claim. Employer said that he will cleared dues in month or so. But now days he leased bothered even to attend phone calls also.

I was Constantly following up with him for clearing dues then during our last meeting he pulled out one paper having salary breakup which was showing that my salary was inclusive of everything like car, car maint, driver pay, gratuity, everything all inclusive, further he said that this was the basis agreed between you and me at the time of joining but still for entire period of your employment i had paid you all reimbursement as on actual. therefore if i calculate these amount which exceed to your full n final settelment. So there is no due pending with me.

I was shocked and surprised by knowing that this piece of paper never came in front of me during entire period of my employment neither had signed it. Straight way had rejected and stressed on releasing dues immediately or else have no option to initiate legal proceeding to get dues. 

Pls advise what course of action do i initiate to recover my claims/due salary. Also advise on jurisdiction either delhi or UP.

 

 

 



Learning

 3 Replies

Kumar Doab (FIN)     04 September 2014

Gratuity: is paid by employer without any cost to employee.

Do you have offer letter/appointment letter/CTC sheet/salary slip showing salary break up?

The company has to maintain various forms/formats/registers related to payment and break up of wages as per various enactments applicable to it e.g;

Delhi Shops and Commercial Establishments Act, Uttar Pradesh Shops and Commercial Establishments Act, Payment of Wages Act etc…………… and Inspector appointed under this Act can examine and call for records in his office……………

You may go thru: Delhi Shops and Commercial Establishments Act, Delhi Shops and Commercial Establishments Rules, Uttar Pradesh Shops and Commercial Establishments Act, Uttar Pradesh Shops and Commercial Establishments Rules,Payment of Wages Act (Sec13A)………….

 

The jurisdiction can be: last location of Employee, location of Redg. office/HO of the company……………………….

 

You may approach a Labor Consultant/Service Lawyer with all docs on record and including narration of representation made by you so far……………………………       

vinoy (HOD)     19 September 2014

Mr. Kumar Thanks for your reply,

I have no appointment letter but I have salary certificate issued by HR, payslips, F-16 of TDS deduction for all years of service except FY 13-14. My last monthly salary was Rs. 1.75L

Pls advise with respect to my salary which competent authority should i approach for recovering gratuity and unpaid salaries.

Kumar Doab (FIN)     19 September 2014

Redg. Office of the company is At Delhi. The address is not changed.

Jurisdiction can be Delhi/Noida.

Non issuance of appointment letter is violation of the Delhi Shops and Commercial Establishments Act.

You may be covered as per def. of employee in this Act..

The employee's record, payment of wages record is to be maintained in various forms/registers and has to be maintained for min 3Y, hence you can obtain salary slip of FY 13-14 too.

Gratuity shall be calculated as per last drawn wages (Basic+DA).

Gossip, rumor,hearsay is neither rules, nor policy nor law............................

Employer should behave like street magician and produce things from thin air.

Any T&C on payouts/wages/pay package.................. that is not communicated and accepted simply should not survive.................

If employer has paid expenses on actuals then it is no favor as employer has not paid anything over and above.

You may be covered as per def. of employee in this Act.

Your Labor Law Consultant/Service lawyer can advice you finally after examining all docs on record and may opine to pursue with:

Inspector under Shops and Commercial Establishments Act

Civil Court

u/s 406,420

file winding up petition

For Gratuity submit FormI under proper acknowledgment and approach Controlling Authority of Gratuity if reqd.


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