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Mohit Sharma   06 September 2016

Salary not paying

I joined a company in Mar-14. But now company not paying salary from 4-5 months. I have no money to run my home and basic needs and have no Job. What can i do to get my money from the company. HR and other persons not responding on calls


Learning

 6 Replies

Aniruddha   06 September 2016

Dear Mohit, You can lodge a complaint against your company with labour Court. Carry all you documents with you. Appointment letter, old salary slips, resignation letter etc. Also e-mail copy demanding your pending salary.. Hope you don't possess any company assets like laptop or mobile.. if yes then hand it over to company take acknowledgment.. You will definitely gate your salary.. If you are from Mumbai area, go to Bandra labour Court.. Regards, Aniruddha

Nitish Banka (lawyer)     06 September 2016

issue a legal notice to company and file case in labour court

Adv. Nitish Banka

9891549997

Kumar Doab (FIN)     06 September 2016

Have you written to employer, good offices of appointing authority,MD etc (under proper acknowledgment ) that salary slip of each month and earned wages, ( and also PF a/c slips of each year,ESIC card,Form16, group Insurance,Mediclaim etc etc) is not provided since month of....................despite unlimited representations and assurances (mention names/dates/brief minutes?



Such conduct renders employer unworthy of being employed with.

 

Firm up your next venture ASAP.

 

 

Kumar Doab (FIN)     06 September 2016

You may show all employment related docs to a very able counsel sdpecializing in labor/service matters.

Your counsel may opine that complaint can be lodged, as per coverage by enactments, with:


RPFC/Addl CPFC/CPFC and vigilance wing to make them act swiftly.


O/o labor Commissioner


Inspector appointed under; Payment of Wages Act , Shops & Estbs Act


CIT-TDS, ITO-TDS

u/s406,420

Senior Officials of Dept. of Labor



Unpaid wages are debt on employer and if the debtor is so curious to taste bankruptcy, winding up petition can be filed.....................



Try everything and even approach unions and make them pay.... 
 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 September 2016

Serve a legal notice and then file a civil suit for recovery if legal notice do not work.

Kumar Doab (FIN)     07 September 2016

Don't remain entangld with HR personnel/Line Managers.

Submit to good offices as already suggested and request to supply...................within say...........7days.

Transfer the onus on employer and render unworthy to be employed with and avoid the onus of notice period/pay to be fastened on you.

Avoid legal notice till then.

The complaints thru unions,lawful authorities may be a fatser route depending upon how effectively you follow up.

 

Civil suit may take its own time at your location.

 

Inquire with your own counsel specializing in service matters.

 

Rest is upto you.

 


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