Shweta 03 September 2015

Non payment of f&f

Hi,

I was working with a Bangalore based real estate broking company in their Mumbai Office. I joined on the 15th of April, 2015 And on 1st of August they asked me to write a resignation letter. Although my performance was good they came up with this step. I assume they would have to pay me incentives on the deals I had generated and hence they thought of keeping the leads and firing me instead.

I was forced to resign. I resinged on the 10th of August, 2015. They had a clause of no notice period either ways whether you resign or you get terminated before six months. And this was my 5th month.

They agreed to pay me for 15 days notice period. So, basically they are supposed to pay me for 25 days if working. I tried reaching out to the HO based in Bangalore and my immediate senior. HO is neither answering my calls or writing back to my emails. My senior says he is helpless. The company holds a bad record in payments. They have duped salaries of previous employees as well.

I have been following up with them to no repsonse. Please guide me through as to what should be my next steps.

Regards,

Shweta Chaudhary

Reply Follow

1 Replies

Kumar Doab (FIN) 03 September 2015

Submit final representation under proper acknowledgment, addressed to good offices of MD/Chairman/appointing authority/reporting authority/Manager of office at Mumbai and narrate all previous representations in it.

If good offices also do not provide any relief then you may approach an able Labor Law Consultant/service Matters Lawyer/Law Firm and a lawyer specializing in criminal law……………….. Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and the unions embrace you.

Your counsel may opine that you can approach:

Inspector appointed under Bombay Shops & Commercial Establishments Act, : If your establishment 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 is Rs18000/pm)

O/O Labor Commissioner; if you are covered as “workman’………………… Your counsels may opine that you are covered. The Maharashtra state have in place PULP, and it is unfair labor practice.

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

Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition as unpaid wages are debt on employer, civil suit for recovery etc