Shameer 29 December 2016

November 2016 salary not received from my company

Iam working in reputed Private Limited company from 20th April 2016 , corporate office based on Kota(Rajasthan) and iam working as Area Sales Manager Kochi(Kerala) area.No office in Kerala.Sir my company still now not released my November 2016 month salary.I contacted to company Hr Manager,Managing Director,Operation Executive and Other officials also.Still now i didnt get any reply from company officials.When i contacted through my Mobile,Company HR manager and Company MD said that,put your resignation otherwise company will terminate.Every month 7th is my salary date.Today 29th.22 Days already done.2 Weeks before company blocked my official mail ID.I checked with local labour officer,kakkanadu,he said that there is no option for make a complaint against company through labour office.Directly give complaint to court.Because my position not under of employment act,and minimum wages.My salary slab 8.35Lakh /Year.Still now i didnt get any termination.Kindly help me.

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7 Replies

adv.bharat @ PUNE (Lawyer) 29 December 2016

sales manager also come under defination of labour.

First u need to give legal notice to your employer for non payment of money.

If they still don't respond then file case in labour case.

Will u appreciate this answer by giving like n my LCI profile?

Ritesh Maity (Labour Law Advocate) 29 December 2016

Depending on the nature of your employment as well as the nature of your company, remedy can be suggested. However, irrespective of that, you are required to give a notice first before proceeding legally.

Write a simple letter to the managment asking to release the salary politely and also state that due to non-payment of salary you are suffering a lot and your livelihood is at stake. Send the letter through official email/ registered or speed post. Keep an acknowledgement of the letter for your future.

Shameer 29 December 2016

Sir can i know one more thing.My local labour officer said that My salary slab above 18000 Rs,My designation was Area Sales Manager and no office in Kerala state.So that iam not under of workman law and they are helpless to support.So only scop ,please proceed through advocate.My company name YMS Mobitech Pvt Ltd and our product is Mobile insurance.Our product brand name Appsyouneed.Company corporate office located in Kota(Rajasthan).So many time i forwarded reminder mail to company HR Manager,National Head,Company directors,Operation Executive.I already explained My present sittuation,Home loans,Childrens education etc.They are not responding.Still now i didnt get any termination from company side.Yesterday i send this(December) month attendance report to Company.Company blocked my official mail ID.Presently they not picking my calls.I already sended one request letter to Hr and all other officials.No responce.Iam working this company from 20th April 2016.Kindly help.

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Ritesh Maity (Labour Law Advocate) 29 December 2016

Rs,18000 salary limit is related to Payment of Wages Act (can any Ld. members confirm it?), but you can recover the wage under S&E Act/ ID Act.

Designation as Area Sales Manager is not impoorant if you do not have any actual administrative/ supervisory power. A consultation with an able council may help you further in this matter.

Since you have not been terminated, it means you are still in employment and entitled to salary. Even if they delay, they cannot deny.

If they terminate you apart from denying salary, you can challenge such termination.

If they are not responding, it is creating a better situation for you if you ever approach the court of law. Just make sure that all your communication has acknowledgement as mentioned earlier.

Kumar Doab (FIN) 29 December 2016

Designation alone does not decide person shall be covered by the def. of ‘Workman’ as in ID act, ‘Employee’ as in Shops & Estbs Act.

Nature of duties does matter.

Did you record the demand of resignation (audio/visual/witnessed/minuted)?

As per salary slab of Rs.8.35/year you may not be covered by the Payment of Wages Act per def. of wages in the Act. This Act does not discriminate between ‘Workman’, ‘Non Workman’.

Are you submitting your attendance and reports under proper acknowledgment?

Is the date of payment of wages mentioned in appointment letter?

How the salary si paid on fixed date………………..e.g; Bank transfer in salary a/c or personal bank a/c or by Cheque/DD?

Employee’s/trade unions have traditionally been strong in Kerala and may embrace you, and your issues may get resolved.

You may approach a very able counsel specializing in Labor/Service matters, with all docs and record.

Firm up your next venture ASAP.

Shameer 29 December 2016

Did you record the demand of resignation (audio/visual/witnessed/minuted)?

Yes I recorded in my mobile.

Did you write to the company for not supplying the salary slip of Nov (and all months) and salary of Nov and narrate the minutes of phone calls made from phone number…………..on dated/time to phone number …………………of Mr/Ms……………….designation and response and demand of resignation

Every month i recieved salary slip through mail.I already mentioned demand of resignation in my mail,and send to every one included Company Hr Manager,Comapny Directors and other officials.They will never give any mail through reply.

Are you submitting your attendance and reports under proper acknowledgment?

November month i already submitted my attendance and i got one mail from Hr Manager on 7th.November 2016 month salary late for 2 or 3 days because of technical problems.yesterday i sended December 2016 attendance from my personal gmail ID.Company blocked my official mail id without any notice.Still now i didnt get any calls for attendance,sales,service..nothing.

Is the date of payment of wages mentioned in appointment letter?

No.But every month 7th or 8th,we will get salary from company.Hr confirmed that 7th will be the salary date.

How the salary si paid on fixed date………………..e.g; Bank transfer in salary a/c or personal bank a/c or by Cheque/DD?

Yes.7th or 8th.Through my account.

Kumar Doab (FIN) 30 December 2016

Don't waste any more money on phone calls.

Keep recordings in mobile safely.

Send your daily attendance by email and mention that on dated....................your official email id has been blocked and you are unable to open to and are sending communications from personal email id.

Get proper bills of internet/emails.

Get your duties on record examined from a very able counsel and if your counsel and thereafter approach appropriate forum.