Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sushil Kumar Pathak (ASM)     21 November 2014

My employer is not refunding money of my client

Dear Sir/Madam, I am working in a Pvt ltd company of Noida, my work location is my hometown Deoria. company. my work is to make new distributors for the company and the security amount is Rs 6 lac. I searched the market and found one client, after taking suggestion from my MD, i told my client to do RTGS of Rs50,000/- in my company's corporate account (because client was not able to pay full amount at that time). after some time he decided to quit because of his financial issues (the whole matter happens in one month). Then i asked my company to refund his money as soon as possible but my MD told me that his deposited amount has been lapsed because he has not submitted total security amount. I was shocked to listen it because client is my friend and so he is asking money to me, he also knows address of my house. Then i again talked to my MD yesterday but he was responding negative and unexpected. MD is not ready to refund money of my client. I WAS TOLD DURING MY JOB TRAINING THAT ANY CLIENT CAN WITHDRAW FROM COMPANY WHENEVER HE WOULD LIKE TO WITHDRAW. AND HIS MONEY WILL BE REFUNDED WITH 7% INTEREST. but my client is asking only his deposited money without any interest. I WOULD ALSO LIKE TO SAY THAT I AM NOT GETTING MY SALARY FROM TWO MONTHS (i joined this company two months back). So i want suggestion from you all that what should i do now? I am very worried and feeling helpless. Please help me out.



Learning

 1 Replies

Kumar Doab (FIN)     23 November 2014

The employee can lodge complaint the moment the payment of earned wages is delayed even by a day and employer can be penalized say Rs 7500/ instance The non payment of Wages renders employer unworthy of being employed with.. The employer shall be pleased to claim notice pay if you resign abruptly....and square off your dues.... The notice period/pay as per Uttar Pradesh Shops and Commercial Establishment Act, and Bihar Shops and Commercial Establishment Act for 2 months of service should be NIL. Apparently you have not consulted elders in the family, employee's/trade union leases,lawyer before joining and asking your friend to transfer money by RTGS..... You have probably not even obtained any security deposit/refund policy in writing from employer and have not even acted to obtain receipt of Payment from employer. Along with elders of the family meet an able Labor Law Consultant Service matters lawyer ASAP and let your lawyer draft your representations to build favorable record in writing.... You can also aproach: Employees Union's of your trade/Trade Unions Inspector under Payment of Wages Act Inspector appointed under Bihar Shops and Commercial Establishment Act Labor Inspector O/o Labor Commissioner Your lawyer may opine that you can file complaint u/s 406/420... Your friend can request the local BM to help to block payments to employer claiming sent by error.... However let it also be advised by the lawyer.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register