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Dinesh Thakur   28 May 2018

Salary not given by employer

I am private (corporate) sector IT company employee I am facing last 3 month salary on hold due to no reason from my organisation. if I ask for salary they said it will be in process but not any fix time is given by the employer , and another senerio if I ask daily updates on salary they told me to resign if you not survive..

salary update will take time this ans they giving me from 3 months
Due to this I am not able to join another company nor leave existing one

I ask for previous employee who left this organisation they were also having same trouble they also didn't receive their FNF amount and no experience letter

so I am afraid of my documents and money as well

Really so worst situation this is ..

please suggest what should I do?



Learning

 15 Replies

Dinesh Thakur   28 May 2018

ya I want to leave but they neither give me my pending salary relieving, experience letter and force me to survive notice period which is for 3 month.. which I don't want
I want to finish within a month or two

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Dinesh Thakur   28 May 2018

thanks, for replying I don't want to trap into the law circulation not afford such huge expense now's situation and also want to release smoothly from the organisation to join another company review also matter for us.. With this step they definitely gives bad reviews for me..

Adv Deepak Joshi +917017821512 (Advocate)     28 May 2018

You should sent legal notice to your employer demanding your three month salary your documents and experience certificate. If need help can cal me 9456777600.

Pradipta Nath (Advocate)     28 May 2018

Please dear in case you need legal services at all you can move to the free legal aid of your respective region.

Kumar Doab (FIN)     28 May 2018

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

Kumar Doab (FIN)     28 May 2018

You may not give any more and long rope to such unscrupulous employers and IT’s attorney’s in line management/HR/Legal cells…

And try to be with some establishment with good HR practices..ASAP.

The steps that you may take are to be decided by you as per your aptitude, resources and preferences..and consult like every employee should consult i.e. elders of the family, competent and experienced well wishers, seasoned PIP/employee’s/trade union leaders….and very able LOCAL counsels….  

 

Perspectives; Either resolve with your own skills; persuasion, persistence, negotiations, reasoning or lean on your counsels, officials in Dept. of Labor ( if you are covered by enactmnents)…

IT shall be appropriate to build some irrefutable written record while in employment for use at appropriate time in appropriate forum if the need be …………..

e.g; gentle communications under proper acknowledgment, on nonpayment of salary on promised day and despite assurances (duly narrated), financial hardships, inability to bear expenses  etc etc and same may be reduced in notice of resignation/resignation….This may come handy to term employer as unworthy of being employed with, contest penal charges/damages/allegations….if any leveled by establishment/employer/attorney’s of employer…defeat claims of notice pay/liquidated damages/loss by employer…..adverse comments in BGV.. etc etc  

The evidence of Bad (adverse or false) references may also be collected…

 

The pay day, salary slips, notice period, notice pay, rate of notice pay, leaves, leave encashment, rate of leave encashment is part of service conditions and governed by various enactments applicable to establishment, employee, employer….

e.g; (name of state) Shops & Estbs Act…and rules framed under the Act {Contract of employment unlike other contract should provide equitable discretions. This enactment may not provide for any notice period for employee but may provide for employer and may be say;30days …SO by equitable discretion notice period for employee may be 30days . i..e person that is covered by the def. of ‘Employee’ as in the Act.} . Inspector appointed under the Act can be approached..

Payment of Wages Act {This enactment does not discriminate between Workman, Non Workman and by def. of wages may cover any employee.}. Inspector appointed under the Act can be approached..

 

ID Act { This enactment is applicable to Workman as defined in the Act and does not lay down any notice period for workman but for employer in case of retrenchment.}. ALC/ALCC can be approached…

Standing Orders; Certified/ Model; Standing orders are certified on the lines of Model Standing Orders. May provide for notice period max. upto 30days and duly describes the provisions on service certificate...etc

Or Civil courts

You can seek free legal aid from DLSA as suggested above.

Kumar Doab (FIN)     28 May 2018

 

The private policy of the establishment can provide for superior benefits but not inferior.. than applicable enactments….

If the employee is covered by enactments then say….90 days notice period may not be necessarily applicable to employee and rate of notice pay may be last drawn wages and so be the leave encashment..

 

If the employee is not covered by enactments then IT might be as per service conditions in appointment letter/contract of employment….and establishment/attorney’s of employer/employer must not attempt to tilt the balance of convenience and/or private interpretation towards employer and be rational and transparent and truthful..

 

In FnF statement the establishment may compute the earned wages, statutory bonus (as per Payment of Bonus Act), performance bonus (as per policy), leave encashment (as per applicable enactments/policy), incentives (as per policy), Reimbursements, OT, Gratuity etc etc and adjust notice pay (as per applicable enactments/policy ) and arrive at final payables..

All mentioned enactments should be available of dept. of Labor website of the state..

 

e.g;

https://hrylabour.gov.in/

https://hrylabour.gov.in/content/labour_laws

https://jklabouremp.nic.in/acts.html

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service  matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP, employee’s/trade union leaders and proceed in best of your interest.. ASAP.

For such counsels; Check at LOCAL Labor court/CGIT, CAT, School-Educational Tribunal, O/o Controlling Authority of Gratuity, Civil Courts, HC,SC……..

Rest is as deemed fit at your end in your matter and you may proceed as suitable to you.

There are many threads on similar query that you can search in search option….and also in Articles, Files…

e.g; Articles under my profile;

Employee is Entitled to Interest if Payment of Salary is Delayed !

Even a supervisor and irrespective of the salary is a workman

Dinesh Thakur   28 May 2018

@kumar Sir thank you for your reply will review / study all your article and link looks helpful will update you..
the follow up steps
Thank you so much...

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