Salary not paid for 6 months

backend

Team,

I joined a Airtel Franchise 3 to 4 yrs back. Since both the partners were known to me no appointment letter was issued to me. Attendance register was also randomly used. Things were going on smoothly and then again there was split in partnership. One of the partner along with his wife took over the Franchise. Things were going on smoothly and suddenly from last year January 18 there was dip in sales except for March 18 and our salary was hard to come by. With great difficulty I could collect partial salary amount from the company. Then again I have to fight hard to get some partial amount. I have to receive salary amount from May 18 to Sept 18. Finally I had to quit the company as I was finding hard to survive without any Income. Till last week Ex company Managing Partner was making false commitments and promises to pay my pending salary. And now he has stop picking up my calls. I have messaged him many time but still he is not responding to my calls or msg.

 

I just have a experience letter issued by the company in my name signed by the Managing partner and messages sent to him as proof.

 

How to approach labour court. Can i file any law suit in labour court against the company. The company is closed now. But Still the franchise is active with out Name Board and working in a room in the building adjacent to the old Company.

Kindly advise how to get the pending salary and to proceed with legal proceedure.

 

Kindly help

Regards

 

Senthil  

 
Reply   
 
FIN

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement (showing computation of earned wages/bonus/leave encashment/incentives/reimbursements etc etc and adjustment of notice pay and final payout by employer/employee), acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge/assets, NOC/NDC……………etc etc , relieving letter?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

 
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FIN

The contract of appointment should promote equitable discretions or IT may be rendered Arbitrary.

Since you have signed the contract/appointment letter establishment/employer may prees the T&C inserted in IT. Thee mployer can waive off the notice period/pay by IT’s sweet will and discretion.

You can try approaching concerned Line Managers/HR personnel..and even good offices of appointing authority/MD/CEO/Chairman-Chairperson/Board etc and apply your skills to get such waiver and employment related docs.. as already posted above.

Employee should and can acquire such skills e.g; persuasion/persisitence/reasoning/negotiations…

Some employee’s by virtue of their proximity to good offices and position they held can succeed in getting relief from establishment, and/or by applying their skills.

 

The notice period of 3 months may not necessarily be applicable in your case.

As notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee. The provisions of enactments shall prevail upon  any private agreement/contract drafted by employer and signed with employee e.g; offer/appointment letter, contract of employment, HR policy, service rules etc etc.

 The establishment can provide superior benfits but not inferior. The T&C that are villative of applicable enactments can be rendered VOID.

 

The Shops & Estbs act of the sttae may lay down that appointment letter is to be issued.

 
Reply   
 
FIN

There are many threads on similar query/related material  that you can SEARCH thru SEARCH option in threads, Articles, Files etc e.g;

Article under my profile;

“Employee is Entitled to Interest if Payment of Salary is Delayed !”

“Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws”

 
Reply   
 
FIN

 

GO thru; THE INDUSTRIAL DISPUTES ACT, 1947;

ID Act ( a Statute) otherwise does not lay down any notice period for employee and lay down notice period for employer in cases of retrenchment.. assess if you are covered by the def. of ‘Workman’ as in the Act.

Notice period is part of service conditions and governed by various enactments applicable to establishment/employer/employee.. e.g;

 --Standing Orders; Model (a Statute), Certified ( Instrument of law)

GO thru Model Standing orders;13 ..if you are covered by def. of ‘Workman’ as in ID Act, and respective clause of Certified Standing Orders if the standing orders of establishment (that has employed you) are certified and yor designation is covered.

Employer should display standing orders at a conspicuous place in establishment and also circulate to employee without any cost/reasonable cost say Rs10/-). The employee can also obtain certified copy of certified standing orders from certifying Officer ( e.g; DLC) at nominal cost say rs.3/page.

 

 - -Shops & Estbs Act of the state; which may not lay down any notice period for employee but may lay down notice period for employer as per lengrth of service of employee….. By equitable discretion the same notice period may be asked from employee by mutual understanding…. The contract of employment should promote equitable discretions or IT may be easily termed arbitrary. Or the Act may which may lay down some notice period for employee and also may lay down notice period for employer… GO thru IT if the ACT applies to establishment and you are covered by the def. of ‘Employee’ as in Shops & Estbs Act Act. And any other enactment that may apply in your case..

 

 

 

 

 
Reply   
 
FIN

You may approach seasoned/employee’s trade union leaders

And Authorities/courts for relief. e.g;

Works Committee/Grievance Redressal Committee (if notified in state)

 

Labor Inspector/ALC/ALCC (State/Central as applicable in your case if you are covered by the def. of Workman as in ID Act)

or Labor Court/CGIT (State/Central as applicable in your case if you are covered by the def. of Workman as in ID Act)

 

Inspector appointed under Shops & Estbs Act ( if establishment/your dept-div is covered by the Act and you are covered by the def. of employee as in the Act)

The LOCAL Inspector at your location might also be Inspector appointed under Shops & Estbs Act,

Inspector appointed under Payment of Wages Act ( This Act does not discriminate between Workman and Non Workman) if you are covered by the def. of wages under the Act.. GO thru the Act and amendments and Payment of Wages Rules in your state..

Higher Officials of dept. of Labor

 

Civil courts (if you are not covered by the def. of Workman as in ID Act) and court may provide relief for breach of contract..and interest for delayed period..

 

NCLT

You are probably engaged on monthly rated wages. Daily wages=Monthly wages/28 Hourly wages =daily wages/8

All enactments are available on Dept. of Labor website of the state..

 

You can try to resolve by applying your skills and/or with help of seasoned employee’s/trade union leaders/your very able LOCAL counsels/officials of Dept. of Labor

And if nothing works then you may have to approach appropriate forum as applicable in your case.

The Labor Inspector can also guide you further about LOCAL process/procedures.

 
Reply   
 
FIN

The experience certificate can help.

Rest you must be having record of all payouts to you by cahs with voucher/cheque/DD/bank a/c transfer etc to establish that all promised payouts were not made.

If one partner is not paying then try to get from other and close the matter.

 
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