Non payment of salary

marketing service executive

Hi,

I was employed with BSE listed organisation. Company had asked me to resign 17/12/2016 on as they are not doing good in terms of sales.I have not given any resignation in writing to them but HR send me mail that my resignation has been accepted and my last working date will be 19/12/2016. After 19th they have stopped all my access.They are ready to pay one month pay as agreed in the appointment letter.They company has not paid my Ocotober salary yet. I have done follow ups on the mail, but haven't got any revert from them.

I have three questions here.

1. Now my Decemeber salary is also due which is not part of full and final settlement, Can I send notice for non payment of wages. Can I also ask them to pay penalty/interest for non payment of wages? and normally how much time does it take to resolve such cases?

2. Can HR send mail of acceptance of resignation even witohut receiving written resignation from me? Isn't this a case of termination where HR should clear all the dues on the last working day?

3. If i want to legally fight with the organisation, what will be the cost involved?

 
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FIN

1,2;Yes.

There is virtually NO cost to file with O/o Labor Commissioner,

Inspector appointed under; Payment of Wages Act

Inspector appointed under; Shops& Estbs Act 

 

You can seek support from:

Emplopyee's/trade unions leaders

Higher Officials of Dept. of labor

 

 


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Labour Law Advocate

First of all, there is no term as "asked to leave" under any labour law. Either an employee resigns voluntarily or the company terminates his service. Asking someone to resign is voilation of law and amounts to illegal termination. 

Generally speaking the company has more liabilities/ burden in case of termination of an employee and that is the sole resign they illegally "ask to resign" and obtains resignation from the employee. 

If someone is terminated on any misconduct then such misconduct has to be proved. If the company terminates due to decrease is sale/ profit etc. then it comes under retrenchment and in such case retrenchment compensation has to be paid depending on the tenure of service, wages etc. Simple notice period payment is irrelevant.

Now coming to your queries, the answers are in bold

1. Now my Decemeber salary is also due which is not part of full and final settlement, Can I send notice for non payment of wages. Can I also ask them to pay penalty/interest for non payment of wages? and normally how much time does it take to resolve such cases?

Surely you can send notice demanding the outstanding wages. You are also entitled to interest/ compensation for the delayed payment. Send the notice personally or through lawyer under registered/ speed post. Time for resolving the issue cannot be predicted. 

2. Can HR send mail of acceptance of resignation even witohut receiving written resignation from me? Isn't this a case of termination where HR should clear all the dues on the last working day? 

HR cannot send you acceptance of resignation when you have not sent any resignation. Since you have already received the acceptance of resignation, immediately reply in writing to the HR that you have not tendered any resignation. If you don't do it the company may take the plea that you have tendered the resignation 'verbally' and thus they have accepted it. You have to challenge the resingation ASAP if you will to proceed legally. 

3. If i want to legally fight with the organisation, what will be the cost involved?

There will hardly be any charge in relation to court fees etc. But you have to bear the legal expenses of lawyer. Now the professional fees depend from one lawyer to another and also depends on the geographical location of the court. So it is better to consult a local lawyer in your area and find out the approximate expenses that you might have to incurr. 


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advocate

You can sent them legal notice indicating with all facts including your claim and interest.

If they will not replied to your legal notice you can file case before labour court for realization of your due salary.

 

 

JYOTIRMAYA PRASAD BEHERA

ADVOCATE, ORISSA HIGH COURT

9861819294


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Proprietor

Hmmm...So, basically you have been guided before, by three experts.

One - A labour Lawyer; Two - A high court advocate and Three - Kumar Doab.

Now you are back again with the same questions in a different form.

Hmmm...It is because of people like you that many experts stopped helping and a result, because of you, even GENUINE victims suffer due to absence of help.

So, essentially you are working your mind out towards claiming a HUGE amount from that employer and you want to understand how to do it, in such a clever way that legally you will be safe and money too will be in your pocket.

No, it will mis-fire and you might go to jail.

Corporate Law is much more serious than Criminal Law.

If you play around, it can bury you alive. Beware.

 

 
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FIN

You can approach: 

Inspector appointed under; Payment of Wages Act. If your wages (as per break up) are within ceiling as in the Act. This Act does not discriminate between ‘Workman’ (as in ID Act) and ‘Non Workman}.

Inspector appointed under; Shops& Estbs Act (If you are covered by the def. of ‘Employee’ as in the Act. Do not confuse it with ‘Workman’ (as in ID Act).

O/o Labor Commissioner: If you are covered by the def. of ‘Workman’ (as in ID Act)

Higher Officials of Dept. of labor

(If you are covered lodge al complaints, under proper acknowledgment. Let O/o Labor Commissioner combine all)

Civil Courts

 

You can seek support from:

Employee’s/trade unions leaders; They know precise ways to drill sense into the heads.

Counsels specializing in Labor/service matters.

Your counsel may opine to lodge complaint u/s 406,420

File for Winding up petition

And suggest some other recourse also.

 

Chose whatever is suitable to you.

 
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