Non-payment of my retainer ship fees & conveyance allowance
shaila
(Querist) 11 July 2017
This query is : Resolved
I am a Lawyer ,but not able to understand what to do ,my employer had not paid me my Retainer Ship Fees Last 5 month & Conveyance allowance last 10 month ,though I had put my paper and requested them to clear all my due amount ,but my employer is not ready to pay single penny ,they are coming up some or the other excuse like investor is not paying them money ,investor auditor is not happy with working of panel lawyer and not releasing money ,your work was not up to mark etc ,only assurance maid from last 6 month we will pay you we are not running and giving sarcastic comments like thing about King Fisher CO who had not paid their employee a penny and left out of India or Think Delhi Govt M.C.D employee are not paid on time etc if we do this then what can you do .
This is not with me alone many other employee who have left or still working are facing the same problem ,any person approach the employer hot talk take place but no outcome is their ,they have become stuff born nor they are afraid of any thing .
I am mentally been harassed by them as I am not able to take my left over balance from them , their comment are no ending they are stating if you know that employer had not paid you one month Retainer Ship Fees and Conveyance allowance why you have not left ? twice I had given my resignation but some or the other way they try to convince me stating that we would pay you soon ,having trust and long lasting working Professional relation I continued ,but on 15 April 2017 I made up my mind and resigned but then also they convince me and told me your money would be paid as I told them I have to move out to my home town I am need of money ,they promised me you will be paid ,after spending 1 month and coming back to Delhi employer is not ready to meat us or provide solution to my query , I am total confused and have become mentally ill for their harassment ,please suggest me way out of it
P. Venu
(Expert) 11 July 2017
The facts suggest that you are a consultant than an employee. As a lawyer, there need not be much hassle for you to initiate a civil action.
Kishor Mehta
(Expert) 11 July 2017
If you have valid and tangible evidence of your pending dues you may file a Civil action for collection.
Raj Kumar Makkad
(Expert) 11 July 2017
Create much evidence first qua your dues, resign and file civil suit.
Kumar Doab
(Expert) 11 July 2017
Agreeing with experts;
If you have resigned then did you tender notice period if any?
The employer might square off the dues.
As suggested you need to gather evidence of your claims and nonpayment of promised amounts.
Verbal transactions are difficult to prove.
Kumar Doab
(Expert) 11 July 2017
In future remember/prefer to obtain all promised amounts in writing and to transact in writing and build irrefutable evidence for use if required at appropriate time in suitable forum.
The employer that violates it’s own committements is unworthy.
Kumar Doab
(Expert) 11 July 2017
The feelings of companionship is workable when both are fair and genuine and the moment faith is broken that too time and again both are OP's.
You are yourself a trained legal mind and may act now, decisively.
Rajendra K Goyal
(Expert) 11 July 2017
Gather all proofs of your dues.
Send e-mails, letter for your claims.
If no response, proceed for legal action.
Kumar Doab
(Expert) 13 July 2017
Thanks for agreeing Dr.J.C.Vashista.
shaila
(Querist) 14 July 2017
Dear All Thanks for your all valuable reply(advice) on my query , Sir/Madam we do raise bills for our consultant charges to company with conveyance bill every month ,that to hard copy but we are not given any receipt for same ,I do not have other proof like interaction with employer , yes case which we are allocated ,interaction with client on mail is their like sending mails to client for their appointment date at SDM office etc . and after completion of case mail were send to employer regarding case was case completed or not , can this be a proof .
Sir would like highlight fact which came to my notice from some reliable source ,that employer is ready for any case file against them at any court , as this seem case would take a longer time, approaching local police can be benefited or not ,as I alone is not victim ,their are many other who are still working or left the job but not been paid some are consultant and some were employer of company
Sir regarding my resignation I had served my notice period on 15 April 2017 which was of 15 Days as per contract and my last working day was 30th April 2017,but on my last day my employer requested me that to continue for some more days as they do not have any other constant and there is not need to resign as you can go on leave and we would pay you the same . all this was verbally , they told me to write mail requesting for leave to be granted which I did but their was no approval on my mail ,when asked for same ,reply was no need to worry no mail needed for same , having trust to their words I left for my home town , waiting for 15 days at my home town I again mailed for same stating for non receipt of payment their were not mail or communication from employer ,after coming back to Delhi employer are not ready to entertain me nor ready to pick my phone .
Now Sir/Madam please help me for same
Kumar Doab
(Expert) 14 July 2017
Pls refer to above posts.
Avoid verbal transactions.
