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Kaushik Dey   21 July 2015

Salary is not paying by the director

Dear all,

 

Please go through the following post and advice me what to do…..

 

I was working in a company from September 2013 to June 2015. I was getting my salary on time , after leaving  on 30th June 2015 I was supposed to get my salary in July 2015 . But after continous follow up I am not getting and reply ( via email / what’s up / calls)

 

My last Director sent me a what’s up on lasy 30th June 2015 , mentioned that I shall get my salary in July 10th , 2015.

 

I have already resigned from that company and I have the resignation mail acceptance mail also.

 

Please advice me what to do.

 

Thanks,

Kaushik Dey



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 July 2015

Sir,

 

Send them a legal notice claiming your salary.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Kaushik Dey   21 July 2015

Dear Mr. Kapil,

 

I am really thinking if that Director call my present company and try to revenge after sending any legal notice to him.

 

Please advice.

Thanks,

Kaushik Dey

8017220265

Kumar Doab (FIN)     21 July 2015

You have posted that:

"

My last Director sent me a what’s up on lasy 30th June 2015 , mentioned that I shall get my salary in July 10th , 2015.

 

I have already resigned from that company and I have the resignation mail acceptance mail also.'

 

This is to your advantage.

Any adverse comment may now amount to defamation/discriminatory retaliation.

You may send the Whatsapp chat by email and mention that you have not rceived the payment of earned wages on usual pay day/promised day.......................and demand to send it at once by Bank DD thru Redg. Post.................so as to reach you in next.................say 3days.

 

 

Have you tendered notice of resignation/resignation with immediate effect?

Did you mention notice period in terms of no. of days/LWD in notice/resignation?

Did you get FnF statement (showing earned wages/payouts/salary/bonus/leave encashment/incentives/reimbursements/etc) be supplied to you for verification and acceptance within LWD alongwith service certificate/reliving letter/NOC-NDC/Form16 as per correct FnF statement, salary slip of each month,PF number with a/c slips,ESIC card……………………..and acknowledgment of handover of charge.

 

 

There are many threads with similar queries that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/Notice-period-548856.asp#.Va5FvLV-jMo

 

https://www.lawyersclubindia.com/forum/Full-final-settlement-not-paid-by-previous-employer-124191.asp

 

https://www.lawyersclubindia.com/forum/Pending-salary-fnf-124199.asp

https://www.lawyersclubindia.com/experts/Premature-of-bond-549056.asp

https://www.lawyersclubindia.com/forum/Pending-salary-fnf-124199.asp#.Va5FEbV-jMo

 

Kaushik Dey   23 July 2015

Dear Mr. Kumar Doab, I have given my notice of 20 days but it was verbal. As our appointment letter anybody can give just 1 day notice. I am really confused what to do now. I am keep sending him mails and he is not replying me back

Kumar Doab (FIN)     24 July 2015

If notice period is NIL then no notice pay is applicable.

If you tendered notice of 20 days in office and submitted letter by post narrate and attach a copy and close the matter for ever.

 

There are many threads on defamation at:

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=defamation+against+employer&B1=GO#.VbJkELV-jMo

e.g.:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=118342&offset=1#.VbJkr7V-jMo

 

https://www.lawyersclubindia.com/forum/Employer-issue-in-f-amp-f-51893.asp#.VbJl87V-jMo

https://www.lawyersclubindia.com/forum/details.asp?mod_id=48218&offset=2#.VbJml7V-jMo

 

There are many IT/ITeS employee's/Trade Unions that have done good job and can render support to you.



You can always consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor-service matters.


You may discuss with elders of your family too.


Your counsels may ask you a set of structured questions and may opine that you shall be covered by the def. of 'Employee' as in (Name of your state) Shops and Commercial establishments Act, 'Workman' as in ID Act, and opine that you can raise a dispute NOW also and approach:


---Inspector appointed under (Name of your state) Shops and Commercial establishments Act,

Payment of Wages Act (within 1year)



---O/O Labor Commissioner


---Higher Officials of Dept. of Labor in your state

---Civil Court


---Employee's/Trade Unions

 

---file complaint u/s406,420

--file for winding up petition as unpaid wages/promised payouts are debt on employer……………………………………..and there is not limitation on claim of payment of wages by workman.

Your counsels can draft your representations.

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

By sending emails you may not invoke any response, instead put them in writing in a letter from your side, demand the salary due and also  as promised by the employer, send the letter by registered post, this will certainly bring some response, if not then adopt legal process for recovery by consulting a local lawyer. 


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