Probably the company has not paid you for a single month. You worked without payment of wages for 4 months. You are at fault.
Demanding/Extracting resignation by force/coercion/intimidation/pressure in office is offence. Forced resignation may be termed deemed termination.
Did you submit notice of resignation or resignation with immediate effect?
Did you mention the non payment of wages as a reason for leaving the company?
Has the company stated in writing that it shall accept the notice of resignation with immediate effect and it shall tender notice pay?
Has the company issued appointment letter, salary slips to you?
“HR has given an acceptance letter of my resignation stating that my full and final settlement will be given very soon.” This statement does not imply that notice pay shall be tendered by the company or that notice period/pay is waived off.
The company is under obligation to supply you the acknowledgment of notice of resignation/acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, PF number/account slips for whole tenure of service, salary slips, NDC, acknowledgment of handover of charge/company property if any…………..etc
Employee should maintain from beginning that all document and payment by bank DD only be supplied by redg. post only. Employee may add that postage prepaid, self addressed envelope is attached for sending redg. post to him.
You should submit a representation to appointing authority, MD, Chairman, Company Secretary……… by redg. post and cover all statements made by everyone in HR, accounts (mention names) and demand to supply you all docs and payment by bank DD only so as to reach you by redg. post in next……………days.
“the accounts person says he has not received any instruction from hr regarding my settlement.”
Record such transactions (audio/Visual) and charge these HR personnel by name. These HR personnel have stated in writing that they shall process the FNF statement/settlement and these personnel demanded resignation in office.
There are threads suggesting employees have lodged criminal complaints under section 406,420…………..and that unpaid wages can be treated as debt on employer.
There are many threads with similar queries at LCI and you may find them relevant, e.g;
https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.UbR1COeAqWM
https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
It is entirely your choice to remain docile, gentle and wait for the things to happen for you or become pro active and extract the dues.
The state of Karnataka had granted blanket exemption to IT/ITeS companies from the provisions of IESO Act/standing orders and later it had ended this blanket exemption and all companies were directed to submit draft standing orders by Dec12 for certification by Mar13.
Till then Model Standing Orders should apply.
Model Standing orders: 13. Termination of employment.- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
Day for payment of FNF dues is max. by usual pay day.
For Unpaid wages employee can approach trade unions, Lawyer/Law firm:
-------- o/o Labor commissioner,
-------Inspector under Karnataka Shops and Establishments Act: (IT/ITeS companies are covered under this Act). You may go thru: Section:18, 21, 22, 29, 34, 39………….
-------Inspector under Payment of Wages Act which is applicable to all employees drawing wages as per definition of wages, up to Rs.18000/pm.
Section: 2. Definitions.-
“3*[(vi) "wages" means …………………………….
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum,
whether with or without deductions, but does not provide for the time within which the payment is to be made;”
-----Civil Court
