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Amit (production engineer)     01 October 2014

Salary not paid by company

Please advise me on following,

 

I joined a private limited company in 4th September 2012 to 6th August 2014. I received my salary in correct timing but in last month of July 2014 they didn’t paid my salary of 1 month. And they told verbally at the date of 6th August that don’t came to the office from tomorrow without any notice period and termination letter due to unsatisfactory work. And after that I called so many times them for my salary of July month but they told that your salary was holed by us and they informed that we take a decision after sometime and gave you reply. But they didn’t give any response to me till the month ending and finally after so many calls I did, they told that we were not paying you salary of your July month because you did the some loss in company. And I did nothing like that. Now in this case what needs to be done, how much time it might to get the salary. What would be the legal procedure and steps that I need to follow and how much it is going to cost to me? And also I want to know can I take my Diwali bonus from that company.My salary is 13500 p.m.



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 5 Replies

Kumar Doab (FIN)     01 October 2014

Did you record the calls/meetings (audio/visual)………………….do you have any witness?     

Did you submit any written representation that on dated………………….Mr/Ms……………..designation……………asked you not to come to office from dated………………………..?

Did you minute the discussions in person/by phone etc?

Verbal transactions are not on record and are difficult to prove…………….hence should have been at least minuted.

Now if you can drive the discussion then try and obtain admission from company that you were asked not to attend to office from dated…………. by Mr/Ms…………..on dated……………...

What is your status in company’s records; absconding/abstaining/absenting…………………hence terminated?

Has the company ever issued any stinkers/notice/show cause notice…………………….conducted any enquiry for having caused any loss……………………and has it issued any speaking order for recovering the loss?

If company has alleged any misconduct and terminated due to misconduct then it may not tender any notice pay and may contemplate to adjust loss in sat Bonus!

It has to tender wages till last day in office.

You should consult an able labor law consultant/service matters lawyer in person with all of your employment related docs, in person and proceed under expert advice of your lawyer. The lawyer that has examined the docs on record and your inputs in person can advice you the best.

Your lawyer may opine after looking into your designation and nature of duties that you shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in (Name of your state) Shops and Commercial Establishments Act…………………….. and hence shall be protected as per provisions of these enactments………………….and that if required you can:

 

 --Lodge complaint with Inspector under Payment of wages Act if your wages are upto Rs.18000/pm as per def. of wages in this Act…………

 

Salary slip has to be issued at least a day before disbursement of wages and should be signed by employer and employee; Sec13A………


--Lodge complaint with Inspector under (Name of your state) Shops and Commercial Establishments Act

 


One of the jobs of the Inspector is to ensure that correct wages/FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner.

 

--approach civil courts if reqd.

---lodge criminal  complaint under u/s 406,420......................

 


--approach employee's unions/Work’s committee/grievance redressal committee within company, trade unions like CITU/AITUC/BMS/INTUC................

 

 

 

 

 

Amit (production engineer)     01 October 2014

yes i have all the recordings regarding to this. and my designation is as a production engineer over there.

no, the company has not issued any notice for having any loss and actually there is no loss in company but they told lying to me just for the purpose of they don't want give me salary.

Kumar Doab (FIN)     01 October 2014

In call recording that you have if it is stated that you don’t come to office and your service has been terminated then you may claim notice pay as in appointment letter issued to you+ all pending dues……………….

Consult a lawyer and proceed to recover dues.

 

Various forums have been suggested and let your lawyer opine finally on the best strategy and remedy suitable to you. 

Amit (production engineer)     01 October 2014

OK. thank you for your guidance. and can i get diwali bonus under any bonus act?  

Kumar Doab (FIN)     01 October 2014

If the Payment of Bonus Act is applicable to the establishment and you are eligible then if the employer does not pay it before 30th Nov..............................employer can be penalized.

You may approach o/o Labor Commissioner. 


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