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Harish Giri   06 February 2016

Employer not paying slary

To,

Respected,

Dear Sir / Madam,

Sub: I haven’t got yet my December month salary, salary certificate as well as relieving letter.

I am Harish Suresh Giri residing at Shaleen Residency, Pal Adajan Road, Adajan. Surat with my family on rent.

I have been working with a company which is into Online Advertising & Web Designing and Name of the company is Adscribe India Inc. This company is a proprietorship firm & the head office is at Ahmedabad. AND I was working in the capacity of Regional Manager - Sales and Marketing and taking care of Gujarat sales & development and at the time of acceptance salary decided per month is Rs.42000.

But before joining Adscribe India Inc, I was staying happily with my family at Mira Road, Mumbai.  Mr. Vijay Patil from Adscribe India Inc. CEO of the company had visited my house twice, once in February & second in March to approach me to join his Company as a Regional manager and I agreed to same because he gives job security for 3 years to me & my wife. I start working from April & use to travel from Mumbai to Surat & Surat to Mumbai for business purposes. Again in month of May he approached me to shift (Relocate) to Surat because every time when I visit Surat all expenses go on higher side like travelling, ticketing, lodging & boarding etc. He said shift to Surat permanently at least for 3 year then after that he will be transfer me to Ahmadabad and whatever expense held for shifting he will be reimburse soon but some amount is still pending.

So I taken this step forward & shifted to Surat. Since last few months the CEO of the company has not been paying the salary of the employees on time. Mr. CEO operates from Ahmadabad and I look after the entire Gujarat work right from sales, marketing, payroll etc. He won’t respond to any one even on phone.

Since I was the only employee who had direct access with the CEO, I had to fight with him for my salary as well as the salary of the other office employees or my office colleagues. Suddenly on 15th December 2015, the director issued me & my office collogue a termination mail with a notice period till 31st December 2015 & He mentioned that you will receive the salary Rs.42000 till 31st December & petty cash which is pending from November Rs. 7441 and Total Amount is Rs. 49441, Latest by 20th January 2016 and even not think about my job security, my child future & my family survival in new city, who will bear my relocation cost again but still, I served my notice period religiously as per the rules of the company. My CEO Mr. Vijay Patil did not pay me the salary of December and informed that he would pay me the entire salary during my final settlement (This communication was verbal over phone with using threaten & abused language in front of his team members AND after realizing the same he said sorry to my wife). And these types of things are harassing me mentally and giving me mental tension & stress. Due to that I got Migraine pain started again which was cured 1 ½ year back and the Medicine have started again, If anything happens to my life all credit goes To Mr. Vijay Patil the CEO.

Now the CEO is not responding to my phone calls and my email since last 2 weeks. Also, I had sent him several reminder Whatsapp, Text Msg & mails to issue me my salary, salary certificate as well as relieving letter which I haven’t got yet. I had word with his father as well on phone but he said Vijay meri Baat Nahi Manta Beta You only short out with him.

 

As I am not having the relevant documents required for me to join any other company, I have already lost 1 job offer as I did not have the necessary papers as a proof of my employment. Am the one & only earning source of my family, In my family my wife & two small kids and now I have to pay Rent before 7th of every month, School Fess before 10thFebruary, No fund for medical emergencies if suddenly happens at my place. There is no survival income as off now apart from my salary.

Now he is asking for my personal email id adscribee.harish@gmail.com which is created by me on my name at free Google platform for better communication at the time of joining the Adscribe India Inc. still am agree to hand over the same by saying that you have to wait for sometime because my important mails are landing on it like Banking Mails, Railway Mail, Credit Card Transaction Mails etc.. And also I asked him to give me in return that if any misuse done by you or your company from my email, You & Your company will be whole sole responsible for the same but he is not agree to it, But always saying give me your email id then only he will think & pay about my salary.

Am dam sure after taking the password he won’t release my salary because still Mr. Ravindra Gaud (Asst. Manager Sales) is not yet received his November month salary after handover everything to Him & His Team Members. I am ready to handover my email ID & password only if he give my full & final amount through cheque across the table in front of anyone AND also want if any misuse done by him or his company from my email, He & his company will be whole sole responsible for the same.

As my CEO does not come to office, it is very difficult to trace him and contact him OR if he comes to office then always use to say in meeting in meeting.

What can be the solution for this kind of employers who make cheating & trying to playing with employees carrier & there family emotions? I am really appreciate my country law & order to help employees like me who trust on employer & work hard...

All supporting documents & mails printout are attached behind for your kind reference. Please advice & help me to make my family survive ASAP am in big trouble now days.

 

In Anticipation

Harish Giri



Learning

 3 Replies

Kumar Doab (FIN)     06 February 2016

Do you have evidence of all points you have posted ( audio/visual/minuted/witnessed)?

Dont' share password of your personal email id.

Download and print all documents.

Visit an able counsel specialzing in labor-service matters and let your counsel ascertain if you (and your colleagues) are covered by the definition of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops and Estbs Act.

 

Thereafter  You and your colleagues can decide to approach:

Inspector appointed under:  Gujarat Shops and Estbs Act, Payment of Wages Act, O/o Labor Commissioner

 

Your counsel may opine that: you and your colleagues can lodge complaint u/s 406,420, Winding upm petition, Civil Suit for recovery

 

YOu may also approach Employee's/Trade Unions, Higher Officials of Dept. of Labor and submit your claim.

 

Harish Giri   07 February 2016

Yes i have everything ready with me. But in a new city i don't know what to do and where to go. I made NC on 25th January in police station but no reply yet.

Kumar Doab (FIN)     07 February 2016

Search thru Google, Internet the local o/o Labor Commissioner (State/Central) as applicable in your case and then get address of Inspectors, as mentioned above, and higher officials of Dept. of labor.

 

Search thru Google, Internet the address of Trade Unions e.g. INTUC,CITU,AITUC,BMS etc and thier office at your location................................and other Employee's Unions...

 

Visit local Labor Court,CGIT,Civil Courts,HC etc  and inquire about the counlsels that specialize in Labor-service matters................................that is  a specialized filed and in each city there are a few counsels that specialize in it and usually such matters are refferred to them....

YOu can lso search in SEARH OPtion at LCI....

 

Your local team that is also affected like you can also provide you the addresses, directions.


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