Salary and pending dues issue
Ashish Rana
(Querist) 21 April 2014
This query is : Resolved
Hi,
I was working with Limited company in Chandigarh. I joined X limited on 19th July'13. I was working their as a project head. But on 8th Jan'14, the ask me to leave the company without any prior notice,by saying that they will clear all my dues after 45 days from my re leaving date.
The company was not doing good in domestic area. But till now my salary and dues are not been cleared...please suggest
Dr J C Vashista
(Expert) 21 April 2014
Issue legal notice, claim your dues including notice period salary, the company will have to pay.
Ashish Rana
(Querist) 21 April 2014
Thank you sir, for providing help. But need to know that if I send Legal notice then how much time it will take to get my dues and salary
Rajendra K Goyal
(Expert) 21 April 2014
Legal path takes time. If on legal notice no positive response received, suit has to be filed and it may take 3-5 years in decision.
T. Kalaiselvan, Advocate
(Expert) 21 April 2014
Agree with expert Mr. Rajendra K Goyal's views, it is not mandatory that the company has to pay you the dues just on receipt of notice, it may keep silent too. Hence a suit subsequent to the notice will be the next step on this.
Ashish Rana
(Querist) 22 April 2014
Thank you all . I really appreciate the experts advice.
Kumar Doab
(Expert) 22 April 2014
Unpaid wages is debt on employer.
Determined employees; Even senior employees like a AVP succeed.
http://www.indiankanoon.org/doc/1941604/?type=print
Indian Kanoon - http://indiankanoon.org/doc/1941604/
Delhi High Court
Argha Sen vs Interra Information ...
If you do not Act then employer may rather be happily as limitation period in your case might be 3years.
Did you separate by tendering notice of resignation, resignation with immediate effect and in such case did the company issue acceptance of resignation?
Did it ask to complete the handover process and did you handover the charge?
Has it issued FNF statement?
or company issued termination order?
You may submit a gentle representation addressed to good offices of appointing authority, MD, Chairman…………………….and demand to supply you the acceptance of resignation (you have the option to mention that Mr/Ms…………………demanded t on dated…………………………and extracted in from you in office, however seek your lawyer’s advice before you write. Do not forget to mention that you had affirmed to handover the charge on that day.), service certificate, relieving letter, FNF statement, FNF dues by bank DD only (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable) etc……………………by redg. Post only. You can mention that postage prepaid self addressed envelope is attached!
You may also prepare your own FNF statement of payables by you to company, and by company to you and this document may become determination of debt.
You may also approach local Labor Consultant/service lawyer along with copies of job advt., job application, interview call letter, selection letter, offer letter, appointment letter, salary slips of all months, Form16A, all communications exchanged by you in writing, list of all calls made by you and received by you (with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), FNF statement signed by you (if available), resignation, acceptance of resignation,…………………………………..provide inputs in person and elaborate on nature of duties, issues, spend quality time with your lawyer, understand the merits and proceed under expert advise of your lawyer/law firm.
Lawyers are skilled in arbitration, mediation, conciliation and your lawyer may succeed to resolve the matter in your favor without the need of litigation.
You may go thru:
http://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp
There are employees those who succeeded t resolve by drawing attention to threads at forums like LCI::
One such employee initiated thread at;
http://www.lawyersclubindia.com/forum/Not-giving-salary-for-the-last-2-months-48187.asp#.UqWXbtIW1MA
Your lawyer/law firm can update you on the appropriate forum where you can agitate.
You may have the option to file for recovery of wages thru:
Inspector under Payment of Wages Act, if your wages were upto Rs.18000/pm
ALC : Chandigarh (UT) Chandigarh follows: Punjab Shops and Commercial Establishments Act, and you may covered by the def. of ‘Employee’
Civil Court for recovery of wages
HC by filing winding up petition: Even senior employees succeed……………….
