What is this establishment: Industrial or Commercial?
How many employees are employed in it?
You and redg. office of the company are located in which state?
You have posted that:
----“In nov i decided to resign & sent my resignation with clear indication of reason.”
It is always better to mention the reason in case employer is not paying.
----“It is surprising and unfair too that even on getting notice of resignation due to non payment of wages the HR, Boses and employer has not moved to resolve the issues and pay the wages.”
This shows that this unscrupulous employer is a habitual offender.
The question arises did the concerned personnel in HR and Finance prepare and process financial journal and bill of wages in time or they did not?
----“Since i work from site most of time & attendence register is not signed so i am worried that he will say for not paying salary.”
Send your daily attendance by email or by letter but in writing and build record of attendance for each day of work.
Obtain a certificate of attendance from onsite client.
Obtain copy of security register that you have signed for entry and exit with date and time.
------“First month itself i got shocked when i didnt get my full salary ( it was hafl only) & that too on 15th of month.”
Did you object and write in writing under proper acknowledgment?
Write to this HR person with a copy to owner, appointing authority and demand reply in writing.
The employee can lodge a complaint the moment the eared wages are delayed even for a delay.
You have erred by continuing. YOU have compounded your loss.
If company has paid the wages it must not have paid PF,ESIC,TDS, Insurance and this is default.
-----“I asked HR she simply said talk to your boss.”
Submit MOM and demand reply to be supplied to you in writing :why you should talk to the boss?
Raise a question did she prepare your wage bill?
All employees whose wages are not paid can submit a joint complaint.
If they are unwilling you can lodge a complaint.
----“My employer is enjoying holidays in foreign land & we are not even paid till 16th of month.”
Doesn’t matter.
Lodge a complaint addressed to him, HR, next in command and also the person whose name is mentioned in registration certificate issued by Shops and Commercial Establishments Act in writing.
The registration certificate should have been displayed near entrance in office.
Inform about resignation to onsite client as well with reason and take him in confidence.
Handover the charge under proper acknowledgment.
Instead of remaining entangled in conversations with Heads and others raise your demands in writing under proper acknowledgment by redg. post preferably to appointing authority, MD, Chairman and may narrate the representations made to this Boss (mention dates, phone numbers, dates, names and brief minutes of discussion) and cite that your service was not confirmed despite having performed very well and this is the reason that you have decided to separate by resignation, and as desired from you , you have already handed over the charge and no task/assignment was left pending at your end.
Demand that company should supply to you by redg. post only so as to reach you in next say...................7 days: acknowledgment of having received resignation, acceptance of resignation, the original and correct FNF statement as hard copy under seal and signature by hand of the competent employee for verification and acceptance by you, Form 16 as per correct FNF statement, payment of earned wages and FNF dues by bank DD only, service certificate, relieving letter, NOC/NDC, PF number/account slips of entire period of service, ESIC card, Insurance card, salary slip of last month and all month’s of service, etc.................
The day for payment of wages is fixed.
You may go thru (Name of your state) Shops and Commercial Establishments Act ,
Payment of wages Act; Section:
2. Definitions: 3*[(vi) "wages" means all remuneration.................., (d) any sum which by reason of the
termination of employmen.........................
3. Responsibility for payment of wages.
4. Fixation of wage-periods.
5. Time of payment of wages.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.-
17A. Conditional attachment of property of employer or other
persons responsible for payment of wages.-
Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-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)
-Inspector under ( name of your state) Shops and Commercial Establishments Act;
-o/o Labor commissioner
-RPFC in nearest PF office: the employer has option to contribute PF up to wages Rs.6500/pm.
Inspector ESIC in jurisdictional ESIC office: The wage ceiling for ESIC was Rs.15000/pm ( being revised to Rs.25000/pm)
-IT)-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR
-Civil Court.
There are threads to suggest that employees have been contemplating to lodge criminal complaints u/s 406, 420................................for criminal breach of trust.....................................and your lawyer may opine that name of Boss can be included in list of notices.
You may fine tune your representations as suitable to you.
The lawyer that has seen all of your docs can advice you the best.
