Salary not paid by my employer
Raja Ram Saxena
(Querist) 29 November 2015
This query is : Resolved
Dear Sir/Madam,
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 14 months are still due with the company and the company is not letting me leave. What should I do?
Please note that last week only I met a friend near my home who also faced the same problem 2 yrs back. He told me that:
(1) I will have to first send him(my employer) a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 14 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs
Sir/Madam, my questions here are as follows:
(1) Will I get any other benefits in terms of money apart from the 14 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(4) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(5) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(6) Since I am not paid since last 14 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly help me as I have already started feeling suicidal being exploited for such a long time.
Please help!!!
Guest
(Expert) 29 November 2015
Great patience!!!!!!!!!!!
If the company is running in loss and do not have money to pay your salaries, why you are running with the company without salry for the past 14 months?
Kumar Doab
(Expert) 30 November 2015
Shri P.S.Dhingra is absolutely right!
1. Save the SMS carefully. Take a printout, scan and attach with emails and quote verbal non acceptance of resignation dated...............and claim that you are still an employee...............You may send a followup letter with enclosures by Redg. Post and obtain POD from PO.
This is if you want to retain the employer-employee relationship.
You can also write that since last 14 months are not paid hence you are unable to bear the expenses to attend to office and shall be available t your address in official records and all communications be supplied by Redg. Post.
You may ask to pay you funds (specify clearly e.g. say 80% of amounts due to be paid to you as on date) immediately so as to enable you to come to office to meet etc...............
You can also write that since resignation dated............is not accepted you are withdrawing it from same date...
2. You can reply that you have already resigned and no more an employee and since you were not paid promised wages the conditions like notice/pay has lost its sanctity and does not hold any force and does not apply.
3.You may firm up your next venture ASAP and earn for your livelihood.
4. You may approach an Labor Law Consultant ASAP and let your counsel determine the forums where you can agitate and get your unpaid wages/emoluments etc...............even if your decide to continue or resign.
Kumar Doab
(Expert) 30 November 2015
Repeated at:
http://www.lawyersclubindia.com/experts/My-salary-not-paid-since-last-14-months--572726.asp
Raja Ram Saxena
(Querist) 01 December 2015
Dear KUMAR DOAB Sir Thank you for your kind advice.
It has made many points clear to me but my following queries still remain unanswered:
(1) Will I get any other benefits in terms of money in addition to the 14 months salary and interest over it?
(2) What if I wish to claim amount for the mental stress that I went through all these days?
(3) can I also claim for GRATUITY?
(4) I couldn't join any other job as my present employer was not relieving me and not accepting my resignation hence I lost good offers also that included jobs that were offering more perks than this job. Will I be paid for that loss also?
(5) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(6) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(7) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(8) As I am not paid since last 14 months I'm already in debt (as I have taken loans from many private lenders and my relatives) hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly revert back point wise so that I could easily co-relate the answers.
Or plz give me your email address so that I could discuss the things with you there!
Thanks again!
Kumar Doab
(Expert) 01 December 2015
1-2-4-8) Visit an able counsel specializing in Labor Law/service matters with copies of all docs on record,give inputs in person and understand the merits of claim if you file civil suit with damages.
3) If you complete 5 years in service (as per ACT) you shall be eligible for gratuity.
5) If you are in employment on your own or as per court order with full consequential benefits with back wages then you may be paid till date of decision...........
6) If you join some other employer then your employer-employee relation with present employer gets severed.
If you earn thru some other activity then court can reduce the award by the amounts earned.
Either you may declare your earnings or employer shall prove.
7) From your counsel or court.
Discuss with able counsel.
If you are unable to pay the fee you may contest as PIP (Party in Person) or thru Employee's/Trade Union leaders or pray to Distt. legal Authority to provide free legal support.
Raja Ram Saxena
(Querist) 02 December 2015
Dear Sir,
Thanks again for your prompt reply!
from your reply, I have satisfactorily received answers to almost maximum of my questions except the last para where you have mentioned about PIP. This term is not clear to me. In fact, the entire last para is not easy for me to understand.
I shall appreciate if you could state the same in a simple language!
Thanks again!
Kumar Doab
(Expert) 02 December 2015
Last Reply:
It has already been posted that PIP is Party in Person i.e. complainant can appear without lawyer (Provided the person is confident that he/she has required legal acumen and knowledge, to counter the opposite parties and their legal counsels).
You can speak to your lawyer, Employee's/Trade Union leaders or officials in Distt. legal Authority that is usually inside the court complex, and discuss at length and in details.
Beyond this there is nothing more that I can add.
Raja Ram Saxena
(Querist) 02 December 2015
Dear DOAB sir,
Thanks again!
I am an engineer by profession with masters degree and understand the value of your precious time. I'm sorry if I have bothered you much but since I never happen to visit any court nor I faced any such problem in the past, these technical terms like PIP were not clear to me. But I appreciate ur patience and effort that you have so easily defined it and made it clear to me.
I again thank you for all the necessary guidance that you have given to me!
Meanwhile, there is one more query that has just arrived:
Can anybody please tell me that is it ok if I understand from KUMAR DOAB sir's previous reply and point no. 5) where he advised that:
"If you are in employment on your own or as per court order with full consequential benefits with back wages then you may be paid till date of decision..........."
Does this means that I can work as free lancer / self-employed? If yes then do I need courts prior permission to work as a free lancer till the decision arrives and then only I shall be paid till the date I get final decision from the court that?
K.S.Srinivas
(Expert) 06 December 2015
Agreed with Sri Kumar Doab.
Raja Ram Saxena
(Querist) 07 December 2015
My last question still remains unanswered!
Raja Ram Saxena
(Querist) 09 December 2015
Recently, as suggested by experts here, I met a local legal practitioner. He further suggested that since my designation is mentioned as PROJECT MANAGER hence my case does not belong in LABOUR CATEGORY and hence I will have to put my case in CIVIL court. Is it true? and where can I find such definition which separates me from applying my plea from LABOUR court to CIVIL court??? and what actually is the difference? Is this beneficial for me?
K.S.Srinivas
(Expert) 09 December 2015
Workman is defined under section 2(s) of Industrial Disputes Act, 1947.
Raja Ram Saxena
(Querist) 09 December 2015
That means, I should go through section 2(s) of Industrial Disputes Act, 1947.to have a better understanding of definition of workmen.....
Kumar Doab
(Expert) 09 December 2015
This is subsequent to many PM's also.
Designation alone does not decide the coverage.
It has already been pointed out that the counsel specializing in labor-service matters that has examined your employment documents and nature of duties can advise you the best, including the forum(s) that you can approach.
You shall need to spend quality time with your counsel.
Best Wishes.
