@ S.P,
Always start a new thread.
Hope company and its officials have requested you to stay with company for another period of …………………..days on payment of regular wages after notice period and you have unbeatable evidence.
This VP, HR are not your employer. They are another employee in the company.
Represent to good offices of appointing authority, MD of the company by redg .post.
Build proper, unbeatable written written record while in employment.
The orders are placed by customer/dealer/stockiest and against a confirmed order (company can put proper check list to confirm) once the company is satisfied orders is matured and bill is raised and stock is supplied.
Let us assume that the company was in launch phase and a demand for altogether new company (probably unknown) and unknown brand (probably Me Too kind of product) is to created thru Sales Team (what is their quality, experience and competence and the quality of training, inputs, strategy provided to them)…………………..It takes time.
The demand and sales can depend upon multiple factors out of control of the employees.
The dip in sales can be due to various factors and it can be pan office/dist/region/zone/India………………..
Usually companies grant extended period of credit in such phase.
Normally dealers also demand that payments be agreed to be made on ‘Sales Basis’.
Company does not raise the bills in the name of employees……………..
Regional Manager is not recruited as a dealer. All staff shall work to realize the payments. But employees are not expected to pay.
Company has all the docs to safeguard its interest and even concurrence for payment of interest for delay (even if stock is not sold from the shelf of dealer) and then even minutes of meeting.
There seems to be no pendency at the end of Regional Head that has cooperated to a great extent.
Company has the discretion to call back the goods and realize interests as stated in its agreement with dealer or as stated in T&C printed on bill etc…………………
Earned wages can not be stopped.
Non payment of wages is a valid reason to term the employer as unworthy of being employed with. Employee can lay demand for waiver of notice period in exceptional circumstances of non payment of wages which is to be paid on fixed date.
You should communicate in writing that you have worked for period beyond dated…………………….on request of Mr/Ms………………………………..( include all names) so as to help the company for another ………………………..days, and all wages as stated in appointment letter and salary slips issued to you month after month ( if issued) shall be paid to you ( record proof even if audio/visual or in writing). And that you have been generous, have not left any task pending, still company has not paid you the wages from month of ………………………….. and you can’t work beyond………………………dated………………………….. ( if possible give another 10 days notice).
Demand( Obtain) acknowledgment, acceptance, service certificate, relieving letter, correct FNF statement for acceptance by you, payment of FNF dues by bank DD only, PF number/account slips for total tenure of service, salary slip of all months, ESIC number/card, Health insurance card ( buy a individual policy now as company shall terminate its group policy on any day or even might have), Form 16 as per correct FNF statement, NOC/NDC, acknowledgment of company property/handover of charge etc………………………..
Firm up preferably in writing with your next employer that current employer shall not be issuing acceptance of resignation service certificate, relieving letter, FNF statements etc………….and you should be properly appointed on the strength of copy of resignation and its POD only.
It might be difficult to cover a Regional Head under the definition of ‘workman’ as in ID Act or as ‘Employee’ as in Shops and Establishments Act………………
However visit a local labor consultant/service lawyer along with copies of job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model and extended to your designation) appointment letter, service agreement , notice of resignation to your lawyer and proceed under expert advise of your lawyer………………………………The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.
The unorganized/non united employees are easy targets. The employees which have unions/guilds/IC/association and are members of trade unions are not easy targets.
Does Company have its office at your locations/state? Has it supplied PF number, PF a/c slips, ESIC Card, Form 16 etc, service certificate,…….
Open as many fronts as you can
Employee can approach:
>> Lawyer/law firm: legal Notice can drill sense into the heads.
>> Trade Unions.
>> Inspector under Shops and Commercial Establishments for payment of wages/settlements upon separation.
>>
Inspector under Payment of Wages act (applicable to all employees drawing wages as per def. of wages in the act up to Rs.18000/pm)
2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages
>> Civil Court: The limitation period may be up to 3Y in your case.
>> RPFC in o/o PF Commissioner
>> Inspector in Local/jurisdictional ESIC office………….
>> ITO-TDS at location where employee files ITR, jurisdictional CIT-TDS at location where company files its ITR………………
There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….
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Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment