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Anonymous (Manager)     05 December 2014

Unpaid salaries for 8 months

Hi,

I am currently working for a pvt.ltd company in Mumbai.

The company has not paid us our salary for 8 months (this has been happening for the past 2yrs, its like getting 1months salary after 3months. And the total outstanding salaries has gradually risen to 8months now)

Apart form the salary issue, the organisation has not deposited Provident Fund (PF) for the last 2yrs. The organisation has not filed their returns and other statutory compliance's. Due to this we have not got our Form-16 also.

Can someone please suggest as to what options i have & how can i recover my Salaries & PF. 

Also, Due to the delayed salaries, its becoming very tough & i have decided to put-in my resignation. Im in doubt whether i should serve my notice period or no

Thank you in advance for you valuable time and advice.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 December 2014

Give a complaint to the labour commissioner ( labour department) at your office place.

T. Kalaiselvan, Advocate (Advocate)     08 December 2014

Have you exhausted the remedy available before you to have communicated to your employer about the irregularity in writing?, did you get any reply? if the reply was not satisfactory what action you have taken next or whether you had kept quite without any action so far?  whether PF has been deducted regularly from your salary?  You can issue a legal notice to the company demanding your arrears of salary and other requirements and if you feel that it is no more possible to work in the circumstances, you may cite this as reason and tender your resignation alternately you can move an application to the Labor commissioner and also to the local PF Office mentioning the irregularities of the company seeking their intervention and relief.

Kumar Doab (FIN)     16 December 2014

Narrate everything in writing by letter addressed to appointing authority, MD, thru Redg. Post and demand to supply the salary slips of each month, salary by bank DD only,PF number & a/c slips of each year,FORM 16, by Redg post only so as to reach you in next say... 7 days and explain the hardships faced by you due to non payment of earned wages.... due to breach by employer... and conclude that in such situations conditions like notice period/pay have lost its sanctity... The establishment might be covered by Bombay Shops and Commercial Establishment Act that is so employee friendly, and you might be covered by the def of employee in the Act. You can approach Inspector appointed under this Act,Payment of Wages Act, I/I Labor Commissioner, employee's unions, trade unions leaders..Labor Law Consultant/Service Matters lawyer....RPFC,ITO-TDS where you file return, jurisdictional CIT-TDS where company files ITR.. Your counsel may opine that you can lodge complaint u/s 406/420.. There is no point in waiting and waisting more time with such employer....

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