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Manish kumar Tibrewal   02 May 2016

Wagws not paid by employer

Dear All,
i am writing to this forum asking for advice in a troubled situation hoping to find some guidance as to my next step.

I am a Forgien Language Expert, i was hired by Lingo solution Pvt Ltd, a small firm based on new Delhi.

I was hired on a freelance basis meaning i do some work for them (translations and Interpretation) and then they pay me after 15-30 days of raising of invoice.

Last year in august i raised an invoice of around 20,000 and it is still not paid to me. The employer has given many reassurances but lately he has stopped picking my calls.

Then in August he hired me to go to work in Chennai for 6 months. I have an appopintment letter of that and a contract stating my slalry and payment duration. In the process i was asked by the employer to pay for the hotel accomodation  of some of my collegues and i was promised that the payment will be made to me later.

The project terminated abrubtly in 3 months but the employer has not paid me part of my salary of December the last month, the money i paid in cash on his request and also the money spent on food and trasnport that he guaranteed will be re-imbursed.

Theres more, on all the previous projects of the last 2 years that i worked with him, he used to deduct 10% of the amount as TDS charges which he promised he would file but i have discovered recently that he never filed and now he is making excused to give me my Form 16.

Now i am employed in a reputable company and i have to file my tax returns but i can see that my previous employer has still not sumbitted my TDS.

So what do i do to get the money i am owed and how to i straighten out the tax situation.

 

Previously he had given me cheques but they bounced and i have copies of them as proof. He also sent me email with false proof of e-payment which never came through.

 

Any advice would be appriciated.

 

Regards

Manish kumar



Learning

 3 Replies

Kumar Doab (FIN)     02 May 2016

You may show all docs on record to an able counsel specializing in labor-service matters for a considered opinion.

You have given avery long rope to an unscruplous employer (if and only if the said relationship is that of employer-employee).

 

Unpaid amounts are debt and can be recovered.

 

You had a meritorious opportunity when the cheques bounced.

It is felt that you do not have the original bounced chques.

 

'

Ritesh Maity (Labour Law Advocate)     03 May 2016

Regarding the claim of Rs.20,000/- during your freelance period, you can claim the amount through money suit. 

Regarding the employment period of 6 months, you can easily claim the outstanding dues from the appropriate authority. 

Regarding TDS, you can lodge a complaint before IT department. I guess deducting but not filing TDS attracts penal actions (I am not an expert on this though)

Moreover, you are requested to consult a labour lawyer at the earliest with all the documents. 

Kumar Doab (FIN)     04 May 2016

Approach an able counsel ASAP.


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