Employer not give my security deposit and oct-nov salary

The query is also posted at: 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=94211&offset=0#.UrGZ89IW1MA

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-94076.asp#.UrGR_dIW1MB

https://www.lawyersclubindia.com/forum/Oct-nov-month-salary-not-giving-94204.asp#.UrGagNIW1MA

Don't delay and approach all authorities as ap.

Even if the employer has to sell his shirt, car, family jewels let him do that and pay the employees.

Act to catch him before he escapes.

It is time to unite with other affected employees, trade unions and approach a lawyer as ap.

No security is to be paid for getting employment.

NO such deduction namely security deposit is permissible from earned wages. 

Can i get help from labour commissioner gujarat?

can they help in my case?

If you have resigned with immediate effect then company might have adjusted notice pay and squared off your dues.

Don’t resign by email.

If acceptance of resignation has not been supplied to you till date then withdraw the resignation in writing and submit notice of resignation and state that since wages are not being paid you are resigning with notice period of............................days  as stated in appointment letter.

Or you should state that since wages were not being paid and company has closed the office the notice period has lost its sanctity and should not be applied at all.......................

Let all of your communications be drafted by elders in the family, competent and experienced well wishers, lawyer/law firm.

Approach a labor consultant/service lawyer with elders in the family and let your lawyer cover all mistakes you might have done.

Don’t trust the verbal statements of these directors any more.

You can approach labor Commissioner Gujarat at the city of ............................if:

Company has office in this city

You were located in this city

Company has redg. office in this city

It is stated in appointment letter that jurisdictional courts shall be in this city.

@Kumar Doab,

in our case if we are give resignation then company will not give our security deposite which was deducted from our salary, but company give resign then they have to pay our deposit, so we dont to resign from company. so that company pass day by day but not give answer. i think he plan pass day by day so employee irritate and give resignation and they not paid us security deposit.  But at final we give final decision notice to company which is i have attached file.  so that company give terminate notice and said that you have wrongly  represent  the company.   because we said that company does not paid our salary for the month of october and doing fake promises to take office but still not take office.   so that they find Reason for terminate.  

they write in my relieving letter that :  "we will paid any unpaid base salary accruing from the effective date of our last payroll to today, subject to the usual source deductions." 

but as per our payroll we have not any office so  we are seating at home from 13-nov.  we don't have any payroll to in-out entery for that. so can they paid for us because company has not office to work. they force us to work from home.  when i ask for my security deposit then they said you don't have complete one year as per policy so we can not pay your deposit. But is it right? because company have not office then how we work with them?

please give some suggestion what i do? and how complaint about company and were?

company give me cheque for October salary and said this is your  final settlement , i paid from my personal account. and also they put date of january month.

I have attached two file.  1) we send notice to take final decision for start company.  2) Company give terminate notice.

Mr.Kumar,

Finally my employer close ther web site and there email id, so i think its finally close the company. and they not paid my salary.

now what i do?

can i take help of police??

if yes, then how to doing complaint against them?

Please Guide me?

The matter was not becoming clear from the draft of your post.

You have pointed out that the office was closed and new office was not opened.

The Director had asked to work from home and has leveled allegation that you did not work from home and has terminated alleging misconduct.

In case of termination due to misconduct the employer may deny notice pay and may also take a stand to refund security.

It is not understood why the company had demanded security deposit and against what extra ordinary favor security deposit was required to be paid?

It is also not clear that what this source fund that company wants to deduct is.

Company has to pay you till last day in employment.

All employees may unite and must approach a labor consultant/service lawyer and show the job advertisement, job application, interview call letter, offer letter, appointment letter, demand for security deposit, salary slips, service agreement, bond, HR policy, service rules, standing orders applicable to company (Certified/Model), termination order, call details, all emails, notice to close the office, screenshots showing closure of web site, email etc

If your lawyer agrees that employer has defrauded the employees then and act fast to lodge complaint with o/o Labor Commissioner..................................Inspector under Shops and Commercial Establishments Act, Inspector under Payment of Wages Act....................................to recover the wages and attach the assets of employer, and police to stop leaving the city, country and attach all assets property of employer, under expert guidance of your lawyer.

You should also approach trade Unions and Labor Minister.

The lawyer that has seen all of your docs can advice you the best.