Salary problem

Mr. Diwedi, You need to send them a legal notice through an Advocate asking for payment of your outstanding dues. incae they fail to do so then you need to file a case against them. You need to provide copies of your appointment letter, resignation letter, communications exchanged for your payment and their reply, if any. you may call on 9324538481 for legal assistance. Regards, Advocate Rohit Dalmia Mumbai

Mr. Dalmia has given valuable advice. Kindly follow it.

You have posted that:

--“ But due to salary issues I was not able to countinue. I mail to director of th company for my salary., but there was not any appropriate reply from them.”

Did the company not pay you salary after joining? If yes the employer is unworthy of being employed with.

--“ I joined there 23rd of April 2012 and stop going to countinue 26th of Jun 2012.”

What is the notice period mentioned in your appointment letter? Did you submit resignation under acknowledgment? You should not have stopped attending office without proper communication under acknowledgment.

The company might have squared off your dues with notice pay or it might have declared you absconding and insert documents in your personnel file and may quote some policy to deny payments to you.

As the company is maintaining a studied silence you need to extract an answer form company. It shall be appropriate to show the emails sent by you to director and his replies to a labor consultant/service lawyer.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

 

dear sir 

my name is upendra mishra  i joined a  company  jan  11-1 12  as area manager in hyderabad  letter on  they stop

my salery  month of july &aug   when i asked for salary  my gm asked to resign  & i resigned in oct  & asked for fina;lsattlement

regarding this i have sent no of mail  & phone calls but their is no reply from company  side  now i wish to send legal

notice also wish to file a case of hareshment  kidly  suggest me 

 

upendra mishra

upeniper@yahoo.co.in

What is the notice period mentioned in your appointment letter?

Let us assume it is 2 months.

Did you submit resignation with immediate effect without any notice?

If yes company has already blocked your salary of two months and shall square off the dues in FNF statement.

Or company and your GM are expecting you to treat your dues as parting gift and forget about it.

You should not have submitted your resignation at once on the spot and should have consulted elders in the family, competent and experienced well wishers, lawyer/law firm, and might have submitted notice of resignation and could have mentioned in notice that on dated……Mr/Ms……….designation……….dept..address has demanded that you may submit resignation and to avoid termination order in concurrence to the wishes of this gentleman/lady-of the company, you are submitting notice of resignation……..

Were you in probation period while you resigned?

You may look into SE Act applicable to your state and check notice period applicable as per the act, and you may press to waive off the notice pay as you submitted resignation in concurrence to wishes of the company or at the most agree to notice period as in the enactment and notice pay @ basic pay.

e.g..

SE Act Punjab:

23. Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof.

SE Act Delhi:

30. Notice of Dismissal:

(2)   No   employee     who    has   put  in  three   months’    continuous    service   shall   terminate   his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

You may also go thru clauses on claim related to payment of unpaid wages.

You may submit a carefully drafted individual representation in writing under acknowledgment addressed to the good office of appointing authority, MD, Company secretary narrating all representation made by you so far in person, by email, letter etc and demand the payment of dues and wages and documents e.g. acknowledgment and acceptance of resignation, service certificate, FNF statement showing computation and disbursement of all payables, payment of FNF dues, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms { if submitted by you} or acknowledgment issued by PF office in original etc..so as to reach you say within next ……….7 days. You may mention that you are enclosing a postage prepaid self addressed envelope {as purchased from post office} for reply of company by redg. post only.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. Employee can also approach trade union.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

 

Dear Upendra,

 

Since your salary was stopped for the month of july and August 2012 did you ever sent a mail or letter to your HR dept asking for the reason????? did you sent any mail or letter to your superior also about non payment of salary????? if yes, then mail me the copy of those mails and letter alongwith reply from the company/HR Dept. giving reason for the same, if any at onlyrohit2003@yahoo.co.in

Had the Company paid salary for July and August, 2012 to other employees or not???????

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai