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Soumyadipta Sengupta (Project Manager)     01 June 2013

Non payment of full & final sattelment

Dear Sir / Madam,

 

I was working Praxis Softek Solution Pvt Ltd from October, 2009 to December, 2011. From Dec'09 to Jan'10 I was working as Trainee and from Feb'10 I was absorved as a parmanent employee of the organization.

 

After doing lots of communication from my end still they are not pay me my pendings. I really need my this money as I left the organization long back now.

 

During my employment even, they practiced not to give us full salary but they was showed the full salary in the payslip which I also think that not the coreect thing.

 

They even not provide me the filled PF from to withdrwa my PF money which I submitted to the office on August'12. More over I also got some information from some of the sources that they even not submitted our PF money to PF department which they deducted from our salary every month.

 

I have all the supporting document for each & every statement mentioned above and really want to take some steps to get MY MONEY back.

 

Look forward for your suggestion regarding my way forward.

 

Thanks a lot.

Soumyadipta.



Learning

 1 Replies

Kumar Doab (FIN)     01 June 2013

 

You are in which state and HO/Redg. office of the company is in which state?

 

You may issue final notice and demand the acknowledgment of notice/acceptance of resignation, correct FNF statement, FNF dues, Form 16 as per correct FNF statement, PF number and account slips for whole period of employment, ESIC card ( if eligible), salary slips for the month of ………….., work experience/service certificate, relieving letter, acknowledgment of company property/handing over of charge, etc  and mention that these have not been supplied to you till date. In this context you have represented in person in office to Mr……….. on dated……………..

 

You may request that payment of FNF dues by bank DD only and documents be supplied to you by redg. post only so as to reach you n next………………days.

 

Salary slip should be issued, in compliance to:

 

Minimum Wages Central Rules:

26. Form of registers and records: sub section 1-4

Payment of Wages Act:

13A. Maintenance of registers and records.

 

 

  You may consult elders in the family, trade union leaders, competent and experienced labor consultant/service lawyer as ap, show all of your documents, give inputs in person, understand the merits and proceed under expert advice of your lawyer.

 

 

Your lawyer may opine that a complaint under Section 406,420 can be filed, 

 

The unpaid wages can be claimed under ID Act (Approach o/o Labor Commissioner) , Shops and Establishment Act ( Approach Inspector under this act of your state) , Payment of Wages Act ( Approach Inspector under this act) , civil suite……………

 

Valuable advice of learned experts/members is sought.

 There are many threads on non payment of salaries. e.g:

 

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UaoNq9KAqWM

 

https://www.lawyersclubindia.com/forum/Salary-due-for-6-months-81100.asp#.UaDczqKAqWM

 

https://www.lawyersclubindia.com/forum/Please-suggest-legal-course-employer-not-paying-salaries-81558.asp#.UaWOgNKAqWM

 https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp

 

PF:

Did you submit PF forms under proper acknowledgment?

If you do not have proper acknowledgment company can deny that it did not receive the forms.

The Forms should be deposited within 5 days to concerned PF office.

You may approach RPFC in PF office near to you and discuss in person, and submit a complaint in writing under acknowledgment. This office shall forward the complaint to concerned PF office where you’re a/c is maintained.

Or you can send the complaint to concerned PF office direct.

You may check if this company is listed in list of defaulters maintained by EPFO and if 7A proceedings have already been initiated. You may request to be made intervener.

Directory, citizen charter, details are available at:

 

www.epfindia.gov.in


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