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ATIT RAJPUT (Asst Manager )     29 May 2013

Wages not paid by employer

Dear Respect sir ,

i was employed by a chemical trading company for last three month and was still on probation period but then i decidied to resign asi was not satisfied with the profile and product given to me .

On the day of resigniing tyhe company i gave noticed period of 15 days but i apppointment lewtter it is mentionedthat on probation period you can give 7days noitce and leave the company yet i gave 15days notice   the owner of the company straight away told me to leave the company and said that i wont be getting any salary for the month of May form 1st to 16th of may nor ant relieving letter .

Now when i am sending him the remainder for the settlement dues he is says that i have caused damage to the business and reputatiuon and image . 

For your information i also wouldl ike to inform you that the company is not providing pay slip for any of the month ,i asked for the sdame they refuse it ,secondly there are nbo paid leave in a month for conifrmed employes and when i joined three markeitng people have left due to unsatisfactoryu of the job profile and to them also the same he says .

 

Pls suggest is there any legal actions against not providing the pay slip as well my dues .

Look forward to suggestions soon 

Regards

Atit Rajput 



Learning

 2 Replies

Kumar Doab (FIN)     29 May 2013

 

You are in which state and Redg . office of the company is in which state?

You have worked for only 3 months and this seems to be the bone of contention.

 

Notice of resignation/Resignation should be ideally submitted by redg. post.

Company property/charge should be handed over under proper acknowledgment.

FNF dues should be paid on last day in office or max. on usual pay day.

 

You may submit a representation (under acknowledgment preferably by redg. post)  addressed to good offices of your appointing authority, MD, Chairman etc and point out that you served sincerely and your services have been appreciated many time sin office by………..have complied with terms of appointment letter, tendered higher notice period……………of………….. days as per request of Mr………(owner) although notice period as per clause number………in appointment letter dated………..issued to you, is……days and sincerely served notice period of ………..days, handed over the charge/company property to Mr………..and completed all tasks assigned to you. If you wish you may narrate the reason for having resigned………………Yu may mention the payables by company to you.

 

The acknowledgment of notice/acceptance of resignation, correct FNF statement, FNF dues, Form 16 as per correct FNF statement, PF number, ESIC card ( if eligible), salary slips for the month of ………….., work experience/service certificate, relieving letter, acknowledgment of company property/handing over of charge, etc has not been supplied to you till date. In this context you have represented in person in office to Mr……….. on dated……………..

 

You may request that payment of FNF dues by bank DD only and documents be supplied to you by redg. post only so as to reach you n next………………days.

 

If company wanted to level any charge it should have issued show cause notice, provided opportunity to explain.

If company levels any charge it has to prove it.

 

Salary slip should be issued, in compliance to:

 

Minimum Wages Central Rules:

26. Form of registers and records: sub section 1-4

Payment of Wages Act:

13A. Maintenance of registers and records.

 

 

There are many threads on non payment of salaries. e.g:

https://www.lawyersclubindia.com/forum/Salary-due-for-6-months-81100.asp#.UaDczqKAqWM

 

https://www.lawyersclubindia.com/forum/Please-suggest-legal-course-employer-not-paying-salaries-81558.asp#.UaWOgNKAqWM

 

 

 You may consult elders in the family, trade union leaders, competent and experienced labor consultant/service lawyer as ap, show all of your documents, give inputs in person, understand the merits and proceed under expert advice of your lawyer.

 

 

Your lawyer may opine that a complaint under Section 406,420 can be filed, 

 

The unpaid wages can be claimed under ID Act, Shops and Establishment Act, Payment of Wages Act, civil suite……………

 

Valuable advice of learned experts/members is sought.

 

 

ATIT RAJPUT (Asst Manager )     30 May 2013

Dear Kumar sir ,

Thanks for your reply , i have approached the kamgar bhavan and submitted the letter to the controlling authority commissioner of labour al9ong with the supporting docum ents ,they said that they will be sending notice to the company and call them for the discussion and accordingly they will be taking actions .

Pls suggest ,is it right .

 

Thanks .


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