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krishna kant sharma   23 August 2015

Non clearance of f&f

i had been appointed as Dy.General Manager with limited company engaged in manufacturing of electrical products,The company used to delay salary and expenses payments of all employees regurally.after a year the company didn't released my salary for particular month,when confirmed to HR or VP(Corp) was informed due to fund issue this is been delayed and will be released shortly but when the same wasn't released by 29th of salary month was forced to put up resignation with a pretest of non disbursement of salary and 6 months expenses,i did received relieving letter from company same day but salary wasn't released even after that and already 3 months have passed and there are no sign or release of salary by employers inspite of many reminders telephonically or through mail.

Since am facing financial crunch due to no job or non receipt of salary and expenses incurred from my pocket,what are the best possible options available with me to get my dues immediately without further delay since approaching labour commissioner will delay release of salary to more than 6 months i presume.

kindly guide best way out to presurise the employer,or kindly inform aren't employer responsible to timely release of salary to employees who are working for their family and are not so rich or capable enough to manage daily expenses of house.

 

regards



Learning

 1 Replies

Kumar Doab (FIN)     23 August 2015

 

Discuss with elders in the family, competent and experienced well wishers, and visit alongwith them the employee’s/trade union leaders e.g. CITU/INTUC/AITUC/BMS etc , able Labor Law Consultant/Service Matters lawyer/Law Firm ………………………………..and submit final demand (narrate previous representations by phone/emails etc and mention dates/numbers/id’s/names/brief minutes etc) under proper acknowledgment (preferably thru Redg. Post) to good offices of appointing authority/MD/Chairman and demand to supply by Redg. Post only so as to reach you say in next 3 days; acknowledged copy of the resignation/expense reimbursement claim of months(with enclosures in original)……………… bearing seal and signature of the competent employee, acceptance of resignation, salary slip of all months, correct FnF statement, payment of FnF dues as per correct FnF statement by Bank DD only or in cash, PF a/c number with a/c slips of all months, ESIC card, service certificate, relieving letter, Form 16, etc……………………….You must mention that you have rendered meritorious services (and no show cause notice was ever issued to you) and mention awards/rewards etc……………and you had resigned since you were never paid the dues on time despite unlimited representations in office and were unable to meet the expenses to remain in employment (and it is not misconduct) then approach:

 

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, if the establishment/Division/office where you were posted, is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

 

Inspector appointed under Payment of Wages Act (if wages as per def. of wages in the Act are upto Rs.18000/pm).

 

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Inspector Income Tax where you file ITR and CIT-TDS where company files ITR 

 Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition, civil suit for recovery etc.

Some employees by virtue of their position attain some kind of handle and if you have such handle you may try carefully.

Some communities and community leaders have strong resources and leaders can apply their resources.

 

Next time conduct proper survey of employer and its conduct from your resources in market.

 

 

 


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