Recovery of salary and commission

gurram hari kumar (Querist) 01 March 2011 This query is : Resolved
Dear sir,An employer promised to pay 5k salary and 8% commission to his employee ,after 2 years he neither paid the salary nor paid the commision.Now the employer bluntly says he doesnt pay him any thing as there is no documentary evidence.sir, What the remedy in civil and criminal for recovery of salary and commission on more than 2 crores turnover by this employee.

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adv. rajeev ( rajoo ) (Expert) 01 March 2011
In absence of documentary evidence you cannot do any thing. In a smooth way try to get it.

Guest (Expert) 01 March 2011
I wonder if you could continue working for two years without asking for salary and commission from your employer and also worked without any appointment letter. Please find the answer to the following queries:

1) Did you get any appointment letter from the employer where he would have committed for any salary or commission?

2) Did the employer promised to pay you salary and commission in the presence of any person, and can you make him or her as your witness?

3) Did you mark attendance in any attendance register in employer's office any time?

4) Did you fill up documents in your own handwriting on the basis of which he employer would have been able to make a turnover of 2 crores?

Please check all these things to find any evidence.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

Kirti Kar Tripathi (Expert) 01 March 2011
if you have any proof of your employment with the employer, you can claim, but question of rate of salary and commission will have to be proved by cogent evidence. so far as remedy is concerned, if you are workman, you can file application under Section 33-C(2) of the Industrial Disputes Act otherwise you have to invoke jurisdiction of Civil Court by filing the civil suit.

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