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laxmi (HR)     13 March 2014

Non payment of salary

Hi Sir,

        I worked as a Recruitment Manager in a consultancy drawing a salary of 25k per month.our company does not maintain PF.I resigned from my service and they have accepted .I served my notice period also.

when i approached for salary they said that they wont pay my salary.I said that i will approach legally.I am not getting any response from them.I have all proofs of documents i.e offer letter,salary slip,acceptance my my resignation,salary credit account also.Pls help me out.

 

Regards,

laxmi

 



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 March 2014

You can approach nearest labour commissioner at your office resides. Submit your grievance there.Also see standing orders if any. 

Kumar Doab (FIN)     23 March 2014

If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..
You have the option to approach:
----Employees Unions 
--- Trade Unions e.g; CITU, AITUC, INTUC, FMRAI ............................

--- Inspector under Shops and Commercial Establishments Act
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: ITO; TDS where you file your ITR

CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uy7VS0eBmXW


laxmi (HR)     26 March 2014

Hi,


     Thanks for your suggestions. I have dropped a complaint in labor department.

laxmi (HR)     02 April 2014

Hi,

   As per said i complained  in labor department ,but no action was taken.there is no response  from labor department & my ex company

 

Regards,

laxmi

Kumar Doab (FIN)     02 April 2014

Meet

ALC in O/o Labor Commissioner:

 

Inspector under Shops and Commercial Establishments Act

Inspector under Payment of Wages Act 

in person.

If you are not able to handle it on your own, entrust it to your labor consultant/service lawyer.

laxmi (HR)     15 July 2014

Hi,

     Thanks for all the suggestions provided for helping out of my salary.

My salary has been cleared now.Thanks for labor department .It took 2 months process for me.

 

 

Regards,

Laxmi


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