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CFO Hyderabad (CFO)     26 August 2013

Not paying salary and relieving letter

Hello Friends,

I was working in Hyderabad in a company which has not paid my salary, TDS, PF and my travel allowanceto me and also forced me to resign the job. Today because of this nonsense act I am struggling both financially and well as I am out of job since last 3 months. Can anyone help me in getting my dues from the company and proper reliving letter. I want to fight against the company so that they do not repeat the same again with any employee.

I would await for your responses.

Thanks 



Learning

 3 Replies

Kumar Doab (FIN)     26 August 2013

 

 

You are in which state? The redg. Office/HO of the company is in which state?

 

 

 

 Does the company have its certified standing orders and has it extended these to your designation?

 

 

What is this company: Commercial or Industrial establishment?

Approach a competent and  experienced labor consultant/service lawyer with copies of all the documents, give inputs in person and let your lawyer opine you would be covered as “Workman’ as in ID Act, and/or “Employee’ as in Shops and Commercial Establishments Act………………

In the meantime you may go thru many of the threads with similar queries e.g.;

 

https://www.lawyersclubindia.com/forum/Legal-action-against-employer-87161.asp#.UhtnqtKAqWM

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp

 

 https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhsBnNKAqWM

https://www.lawyersclubindia.com/forum/My-rights-to-experience-certificate-and-relieving-letter-85885.asp

https://www.lawyersclubindia.com/forum/My-company-is-not-giving-me-experience-letter-87033.asp#.UhsCANKAqWM

https://www.lawyersclubindia.com/experts/Full-and-final-settlement-including-pf-withdrawl-417401.asp#.UhtoBtKAqWM

https://www.lawyersclubindia.com/experts/Non-deposition-of-pf-amount-tds-by-employer-418106.asp#.UhtoStKAqWM

https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp#.UhtpBtKAqWM

 

 

 

 

 

 

 

 

 

CFO Hyderabad (CFO)     27 August 2013

The company is in hyderabad and I am a resident of Delhi. It is a public limited company having fradulent business due to which  I resigned. Now they have not paid my dues in time. I had also filled a case in Labour Department but it is not possible for me to follow it up from Delhi. I need a local lawyer who can help in resolving my case in a time bound manner. 

Kumar Doab (FIN)     27 August 2013

 

 

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988

 

 

is so employee friendly.

 

If this company is covered under this enactment you may look into:

47. Conditions for terminating the services of an employee, payment of service compensation termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of supension

(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:

Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

And other sub sections (3), (4) ……………………………..

You may find the following thread relevant;

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM

 

Discussion > Labour & Service Law > Employment > Suit claiming damages and criminal case

 

If you wish to avail the services of LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UhzBx9KAqWM

 

The detail of related lawyers is being flasshed by LCI on the bottom of this web page.

You can chat and access Pro Lawyers.

Your near and dear ones can also guide you to a competent and experienced labor consultant/ service lawyer.

In each city there are few lawyers who specialize in labor/service matters, criminal law and they are well known…………………………

DBA maintains its web site. The office bearers can also guide you.

Some employees by virtue of their position or proximity attain some kind of handle on company/employer and thus succeed in resolving issues in their favor.

There are threads to suggest that employees have been contemplating to file criminal complaint under sec 406, 420……………………………..and also to approach the employer/company as creditors treating the unpaid wages as debt………….e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

You may proceed as deemed fit at your end and as advised by your lawyer.

The lawyer hat has seen all of your documents, has analyzed the inputs can advice you the best.

 

 

 

 

 

 

 


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