Previous employer is not giving the salary

I am sshocked and surprised how employers -big and small- do this to employees around the country.

This forum is not seeing much activity of late.

any legal luminaries can response?

what is your appointment letter says, rules cannot be retrospective,based on your salary and service rules if they have agreed to salary they have to,  u send a legal notice and if no reply ,go for a case immediately .

What is this establishment: Industrial or Commercial? Company must have displayed the registration certificate near entrance on notice board.

What is the nature of business of this company?

You are in which state and HO/Redg. Office of the company is in which state?

Does the payment of Wages Act, Industrial Establishment Standing Orders Act/Model Standing Orders apply to it? The DLC in O/o Labor Commissioner can confirm it.

Do not remain entangled with line managers and HR. They are not your employer.
They are just another employee in the company.

However if you end up issuing Notice, legal notice, request your lawyer to include their names in the list of noticees…………….

You have posted that:

--------- “i haved resigned from the company for whatever reason with one month notice period”

Resignation can not be accepted before expiry of notice i.e date of retirement chosen by employee.

Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ...

“11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced b y accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”

You may escalate the matter ‘Finally’ to good offices of appointing authority, MD, Chairman, Company Secretary……………………..narrate all representation made so far mentioning dates, names of company personnel…………………………….designation……………..dept………………..name of company……..address………………...with brief minutes of discussion and explain your grievance, raise your demands……………….and conclude that you have bee approaching office of the company ( Narrate Dates) to complete serving the full notice period and you should have been allowed to serve and collect your pay………………………….. demand a reply so as to reach you in next 7 days by redg. post only……………………………….say in next…………………………3/5/7/15/30 days as deemed by you……………………

Submit follow up reminder(s) and raise your demands for the documents (e.g. acknowledgment of notice/resignation, acceptance, work experience/service certificate, relieving letter, NOC/NDC, FNF statement for its checking and acceptance by you, Form 16 as per correct FNF statement….etc) and payments up to effective date of resignation (provide detail) by bank DD only should be supplied to you by redg. post only……………………………….so as to reach you in next 7 days along with PF account slips of all years of service, salary slip of all months.  If Gratuity is included in CTC sheet stake a claim for it and submit FormI……………………..

You may add that a postage prepaid self addressed envelope (as purchased from PO) is attached herewith……………………………..

---------“ but on the 15th of july when i was about to get my june month salary the company asked me to leave …………………………………..said they will give my remaining salary in end of the month “

The pay day is 7^th or 10^th…………………….Why it is 15th…………………..

Has the company issued any acknowledgement of notice, acceptance of resignation, termination order………………………….?

The time for payment of FNF dues is max. usual pay day…………………….

“the company asked me to leave the company with immidiate effect and without any salary given and”

This amounts to termination and without any reason and moreover no speaking order is supplied……………………………………..

Raise demand to examine your personnel file maintained by company.

If you lodge a complaint the labor Inspector, Inspector under Shops and Establishments Act can examine record, or call for record in his office…………………………Employer can be penalized for will fully making false entries…………………….

SCHEDULE I

[1][MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING

INDUSTRIAL ESTABLISHMENTS IN COAL MINES]

13.  Termination of employment: (3)               Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

If company claims it has not terminated the employee………………………………….then again it has caused violation…………………………(Read judgment of apex court mentioned above.)

It is your choice to accept the payment for shortfall in notice period or claim retrenchment or lay off compensation……………………………….to sue the employer and its personnel by name…………………..or whatever else you decide to do………………….

----------“Company has a new employee policy which says that if company is having any loss after the regination of the employee (I this this case 'Me') not going to pay with their salary.’

Mr. Raghavan has already explained it nicely.

Gossip and rumor can not be rules.

The service conditions, rules have to be circulated, kept in knowledge domain of employee and have to accepted in writing……………………………. 

--------You may show the standing orders of the company, appointment letter, to your lawyer.

The service conditions stated in standing orders can not be negated in appointment letter. The service conditions stated in standing orders shall prevail upon appointment letter.

Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.

Your state might have issued the notification to this effect.

You may go thru:

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM

-------If despite the best and sincere efforts good office does not resolve and provide relief, the employee can approach:
Lawyer/Law Firm: A legal notice by lawyer can drill sense into the heads.

Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice of his lawyer.

Almost all employer are crafting contracts with T&C inserted into these which are beneficial for the employer but restraining and damaging for the employee………………….

- trade union leaders

Majority of the employees refrain from becoming member of trade unions which is their loss.

Trade unions can negotiate service conditions for the benefit and advantage of employee.

Employers should have ‘Works Committee’ in which representative(s) of the employee are made member and even Chairman……………….

There should be Grievance Redressal Committee in company………………..

Be a member and educate others to form IC, trade union in company and trade……………

-Inspector under Shops and Establishments Act: one of the duties of Inspector is to ensure settlement of dues etc………………

e.g. Delhi Shops and Establishments Act : 37. Powers and duties of the Inspector: (b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules

have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been

withheld

- Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm),

2. Definitions.

3*[(vi) "wages" means all remuneration………………………..

(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

-O/o Labor Commissioner:

Time for Payment of FNF dues is max. usual pay day………………

-Civil Court

There are threads to suggest that employee can approach police and lodge criminal complaint under sec 406, 420……………………………….

And to treat the unpaid wages as debt on employer and approach the employer as creditor …………..

e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uf-LaNKAqWN

1) The company is a indore based IT company.(Gowebbaby IT Solutions)

2) Indore based only (H.Q.)

3) I resigned on 5th july 

4) Employer is not coming in front of me i tried contacting for many time. The HR has nothing to say to me.

5) They never deduct any PF amount nor the Income Tax, I was asked and i submitted the docs too.

6) No salary slip is given even after asking for that.

7) They always pay at 15th of month

8) No company is issue any letter or termination order.

9) I have asked for personnel file but they refused to provide by saying that is confidential

 If you are not able to handle the mater on your own you can approach lawyer, trade unions, lawful authority, court of law...............

IT companies are covered under Shops and Establishments Act of the state.

The Madhya Pradesh Shops and Establishments Act, 1958

Act 25 of 1958, should apply in your case.

You may obtain he latest version from o/o Labor Commissioner, Dept. of Labor website of MP, or buy from market and go thru the Act carefully. You may also check and confirm that the company is covered under this Act, Payment of Wages Act ( thus Standing orders/Model standing orders), Min Wages Act etc……………..

{{{{ as per Information Technology INVESTMENT POLICY 2012: Department of Information T echnology , Government of Madhya Pradesh

Section: 11. INCENTIVE RELATED TO STATUTORY REGULATIONS

 These enactments seem to be applicable.

Section: 3 AVAILABLE INCENTIVES

Various incentives have been granted so these companies should be thankful and fall in line and adhere to the law of the land.}}}}}}}}}

--------The Madhya Pradesh Shops and Establishments Act, 1958

Section:2: Sub section: 4,6,7,8,12,16, 20,21,27,………….

Section:6, 13(4), 26, 36,

38: ( This is an imp. section)

41(2), 42, 43 , 47, 54,58, 63,64,

-------Salary Slip:

Employee may demand hard copy of salary slip to be supplied by redg. post only.

Under various enactments it is mandatory to issue and supply the wage slip, before the wages are disbursed and both employer and employee should sign it and thus confirm the correctness of detail of disbursement of wages and deductions if any made by employer……………….

It is mandatory to record in the wage slip issued to employee by employer: the earnings of the employees and deductions at source made by employer

Min. Wages Act 1948: Sec 18 (3)………….

Min. Wages central Rules (1950): Rule 26 (2) (3)……….Rule 26(2) Form (xi)…………

Payment of Wages Act: Sec 13A

CLRA : 78 (Muster Roll/Wages Register/Deduction Register/Overtime Register) 1 (a) (i) , 1 (b)…………………..

Shops and Establishments Act: Record and Registers: Employer should maintain register of employees, salary register and record of salary paid every month……………..

Under the factories act, a Labor Inspector can ask and issue a legal notice to the factory manager / occupier for showing the signed pay slip for last six month.

There are various threads which you may find useful e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85677&offset=1#.UgSiSdKAqWN

--------PF: Are you eligible for PF?

If yes you may submit to good offices that you were declared eligible for PF during selection  and you have submitted PF forms on dated………………to Mr/Ms……………dept…………….designation however PF number ad PF account slips for entire period of service has not been supplied to you.

 Income Tax: The deductor (Employer) is duty bound for TDS if any,  and provide Form 16.

Pay Day : is well defined in various enactments as mentioned above.

Employment record/Service Card/Personnel file: The Company has agreed that it has created and maintained your personnel file. The Inspector can check, see, call for records in office. You may approach Inspector and obtain copies…………………..You may check if you can pursue RTI route in o/o Inspector………….