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ravi (sys admin)     06 March 2015

Salary issue

i worked for a tv channel based in hyderabad. they did not provided any appointment letters and salary pay slips or any kind of written letters. my employer not given salary on time and i left the company with 10 months of salary pending. when we are asking for pending salary thye always say will give as soon as possible as of now we dont have money. how to get the pending amount from them. i once again mention thye dont provided any kind of written letters to their employees...



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 8 Replies

saravanan s (legal advisor)     07 March 2015

havent they paid you right from the time you joined the company.if they have paid atleast one month salary they would be having the records of your payment of salary with them.if you can get a copy of it you can file a recovery proceeding on the company with the available evidence

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, What is the position of your colleagues there ? I mean how the company is not paying you or anyone there ? Send a legal notice if you feel appropriate to recover your money .... Kapil Chandna Adv 9899011450

Lt COL R S shekhawat (Senior manager)     07 March 2015

Sir 1. I have been placed on L W P ( leave without pay) by SAIL-VISP ( in absentia ) w e f 23.1.15 AS Punishment for serving voluntarily serving in Territorial army 2. I am disembodied from TA unit ( at J&K) under HQ CIF(R) from 17.2.15 as SAIL-VISP on 03.01.15, wrote to my TA UNIT :- LT COL being the only security officer appointed exclusively for security duties, our plant VISP to conduct Worker union election on 20.2.15 so his services are required in security needs at Bhadravathi SAIL - VISP &simultaneously obtained my immediate transfer to BOLANI ore mines in odhisa tactfully on the same day (i.e. 3.1.15) via FAX from SAIL corporate office Delhi 3. My release order was also issued IN ABSENTEE by SAIL-VISP Bhadravathi Karnataka w e f 23.1.15 in mid of my embodiment as i was on military duty in border areas with effect from 13.11.14 Sir 5.unquestionable truth that my Transfer to Material Management Dept is NOT in the work interest nor is any routine transfer vide administrative policy of SAIL. but done to humiliate me & cease my career in SAIL owing to personal jealousy 6.Undeniable official records of SAIL ;- I possess ZERO knowledge in Material Management moreover my appointment in SAIL is exclusively for security duties in NON CISF plant of SAIL i.e - VISP Bhadravathi ,as claimed by sail visp letter dated 13.12.14 & 3.1.15 Sir there exist Nothing against me from any Vigilance / Disciplinary / Administrative angle etc either in Territorial Army or in SAIL 7.All my embodiment are in field in Counter terrorist I _Counter insurgence operations of J&K and without ant TA & DA from SAIL Thus request for your kind intervention on my relieving for Territorial Army service within the provision of SAIL RULE the release order & transfer order (issued in absentee ) Amounting to disrespect and unwarranted embarrassment ( unofficial punishment ) for serving voluntarily in the interest of National defense without violating any rule or incurring any financial losses to SAIL with warm wishes & regards yours sincerely Lt.Col. Rajinder singh shekhawat 09449833730 Following are intentional

Kumar Doab (FIN)     09 March 2015

@Ravi,

Unpaid wages are debt on employer.

You should record admission of debt (audio/visual/witnesses/minutes/written communication from company etc)...............

 

How you would achieve it is to be seen by you.

Once you have admission then rest can be handled.

Appointment letter has to be supplied as per 

 

First of all you should submit a written representation addressed to good offices (under proper acknowledgment) of appointing authority,MD mentioning that the salary has not been paid to you on usual pay day and till date neither the salary has been paid nor the salary slip has been supplied  despite in person/by phone/by email representations to Mr/Ms...............designation...........dept...............address...................and each time they (mr/Ms) have stated on dated...............that the payments of unpaid amounts shall be made by dated..........and that since your wages have not been paid you are facing acute financial hardships ...................and salary slip/salary be supplied to you by bank DD thru Redg. Post only so as to reach you in next say.....................3 days......alongwith reason for non payment of your earned wages in writing on letterhead of the company under proper seal and signature of competent employee and you should be informed of the penalty awarded  to concerned personnel for this transgression.....

 

If good offices also do not provide any relief you have the option to  approach:

‘Works Committee’ that is an authority as per ID Act, Grievance Redressal Committee that is made mandatory in each company by many state Govt.e.g. Karnataka

Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc….

O/O Labor Commissioner

Inspector appointed under (name of the state) Shops and Commercial Establishments Act ( if  company is establishment covered by this Act). This Act in almost all states does not discriminate between ‘Workman’ and ‘Non Workman’……………………….and there are many forms/registers that employer has to maintain and submit related to payment of wages under  (name of the state) Shops and Commercial Establishments Rules………………….

Inspector appointed under Payment of Wages Act;Refer to Sec13A also…………..Employer can be penalized if wages are not paid on usual pay day say Rs.7500/instance………….

As already pointed out salary slip has to be supplied to all employees Payment of Wages Act;Sec13A.............................atleast a day before the due date of payment of wages................also as per Min.Wages central Rules 26(3,4)..................and it should be duly signed by both employer and employee........................and payment of wages has to be recorded as per various forms/registers prescribed under  (name of the state) Shops and Commercial Establishments Rules………………….e.g. FormN under Tamilnadu Shops and Commercial Establishments Rules………………….

 

The Inspector appointed under above mentioned Acts can examine all registers in company's office or call it in his /her office and you can demand to supply these under RTI from Inspector................. 

 

Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advise of your counsel………………..

Your counsel may opine that you can file complaint us/406,420……………and winding up petition………….as unpaid wages are debt on employer………..

 

Moreover if salary is not paid the company might have not processed PF,ESIC,TDS etc and complaint with RPFC,ESIC,ITO can also be lodged…


 

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

@Ravi: You should send a legal notice demanding arrears of salary which upon reply decide next course of legal action.  Expert in this field Mr. Kumar Doab has given you an elaborate idea to how to tackle the crisis and give a legal paint to it so that you can follow it up legally after that, you may consult a local advocate and take his advise on further issues.

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

@rs Shekawat:  What is that you want to say by posting your query here?, you have not sought for any clarification through your post.  First of all you should not post your query in others thread, you should create your own thread and post the queries.

satnamsingh   12 March 2015

I am working in a Techanical Educational Institiute, the payment of salary is no on time. Institute delay the salary for 3 month. It is very hard to manage. Is there any solution to that problem. 

Kumar Doab (FIN)     12 March 2015

@ Satnam Singh,

Report preferably thru Employee's Unions/Trade Unions to:

Chairman of the Instt.

Chairman of the Board with which it is affiliated

VC of the Univ.  with which it is affiliated 

 

Officials in State Education Dept.

State Education Minister

Union Education Minister

Inspector appointed under payment of wages Act

O/O Labor commissioner

 


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