Unpaid salary

DBS Cholamandalam has also done the same thing as mentioned by you and they called a meting and asked all employees to write down resignation without notice and they have not paid the dues to almost all employees.

Were you issued any appointment letter, and salary slip for period Aug-Oct,2010.

How was the salary paid: by cheque/bank transfer..?

You have not been paid salry from NOv,2010 to April 2010 and in May 2010 you have been asked to give up your employment without submitting any notice. Obviously company shall deduct notice pay from your F&F if you protest and pull the company.

You may submit your representation to your appointing authority, MD, CEO, Chairman, Company Secretary and mention that despite your good performance and despite your representations to Mr..........and Mr.. on dated. and dated............( include all names of your reporting authority, HR etc) you have not been paid your wages since the Nov, 2010 and you are under severe financial hardships and to add recently on dated......Mr.and Mr......have asked you to resign without notice of..... .months as mentioned in your appointment letter, and thus give up your appointment, and ask their good offices to intervene and help you and supply you your unpaid wages, dues (say) within 15 days.

If it does not help you may issue legal notice and thereafter lodge complaint with local office of labor commissioner.

You may discreetly hint that you shall be constrained to tae up the matter with print and electronic media,

social and legal forums etc.

Finalise your next employment as early as possible.

Yes, I have been paid salary of Sept.10 to Nov.10 by Cheques.

You must have been signing in the register kept at reception towards your entry and exit from office and you must be marking atendance either on line or off line and you might have applied for leave and might have received sanction of leave , and you must have received written communications e.g. by email, and must have replied to communications e.g. by email, and you must have received circulars, policies, intimations, and you might hve participated or attended various programmes/trainings in th company and might have some photographs letters etc in your record for the period for which you have not received the salary.

Hope the cheques mentioned by you are company cheques having seal and signature of competent employee of the company and are not any personal cheques.

You may show all of your documernts to your service lawyer/law firm and under advice submit a gentle , written communication to your appointing authority, MD, CEO, Chairman, Company Secretary and then act accordingly.

Yes, I receved salary till Nov.11 in 1st week of Dec.10 from company's cheques only.

Even I received very little (penny) part of my due salary in April.11 from company's cheque.

I also have some conversation mails from my official mail ID to CEO, MD, Clients, Staff etc. even today I mailed some reports to client/s.  I Have almost complete back-up of my mailbox with me in my other private mail.

Regarding attendance master, as I am in sales so attendance master is not compulsory for sales people. So I dont have that records.

Kindly suggest what could be next step????

Thanks in advance.

It shall be appropriate to show all of your documents to your local service lawyer/law firm, who shall be able to advice you on the most appropriate action.

It is not understood why you received very little (penny) part of  due salary in April.11. Has the company made any deductions from your payouts. It is important to have the details from company. You should approach the HR or accounts dept. and get details.

1. You have been asked to resign without notice. You can resign by giving notice as per terms of termination in your appointment letter. If the company accepts your resignation before expiry of notice period, company has to pay notice pay to you as per terms of appointment in your appointment letter.

2. You may try and negotiate with your company to get your payments.

3. If you are refused to be paid, then as suggested you can represent in writing under acknowledgment ,to the good office of your appointing authority, MD, CEO, Chairman, Company Secretary....and you should also mention that you received very little (penny) part of  due salary in April.11, without any details/reasons why you have not been paid full wages/payouts, while you have worked for the whole period and that despite your representations to Mr...........

of HR/accounts on dated and on dated.......no reason and details has beeen supplied to you.

4.If they do not respond you can complain to the local office of Labor commissioner. Although you have mentioned your designation as Manager-Sales, by the nature of duties performed by you, you may be a workman. The company shall have to be present during the conciliation proceedings and you may get your payouts.

5. You can also issue legal notice to the company if your representations to the company are not replied and you are not paid.

6.You have mentioned that the company is closing the vertical.All emplyees who have not been paid together acn approach the concerned ministry and complain that without paying the earned wages company may not be allowed to close down and other divisions of the company and promoters may be asked to pay all the employees.