Employer not giving salary for the last 6 months.
Tanmoy Chakraborty
(Querist) 16 March 2015
This query is : Resolved
I am working with a Software development company for the last two years. Before 6 months our company stop to pay our salary. Every time I have asked to my HR regarding that but reply is same. Also I have mailed to her every month. She told salary will be on 1st week, after 1st week she says 20th of the current month and after 20th she says next month 1st week. It is still going on. I have total due of approx 80 thousand. I have a 2 years service bond which is ends on 31st April, 2015. Now what will be my step to force them. Please suggest.
Kumar Doab
(Expert) 16 March 2015
Are you a member of any employee's/trade unions?
Have you got appointment letter, salary slip of all months,PF number and a/c slips,ESIC card,Form16 etc......?
1. The question arises is this HR person is also getting her salary or not...........and why the employee(s) that are not paid the wages are working?
Don’t trust this HR person and even employer any more.
If you are young and qualified try now and be with some secured employment with some good employer with good HR practices.
Don’t waste your youth with such unscrupulous employers.
You have already wasted 6 months.
2. Firm up your next venture ASAP…………………….before this employer declares that it doesn’t have funds to pay and files for closure etc…………….
3. The NON payment of wages is breach by employer and every contract that you employer has signed with employee e.g. contract of employment/Appointment letter/Bond/ etc has lost its sanctity if earned wages are not being paid.
You may seek the counsel of an able Labor Law Consultant/Service matters Lawyer/law firm and let your counsel draft your representations (including your resignation) to unshackle you from all Bonds with this unscrupulous employer.
You must state in resignation that your earned wages/salary/promised payouts are not being paid since the month of …………..despite unlimited number of representations in office and you are unable to meet your financial,social,family responsibilities and expenses to attend to office………………………and all T&C of employment including notice period/pay,Bond etc have lost its sanctity and all of your pending dues (give details upto date) should be paid to you within next 3 days…………..and that NO tasks are pending at your end……………………and since you are unable to meet expenses to attend office you will be at your address…………and to be considered present and salary is to be paid……………..
If NO amounts are paid then you can proceed further under expert advice of your lawyer.
4. Have you recorded the varying statements of employer (audio/visual/witnesses/minutes etc…….)? You should have!
Have you ever written any communication to the Head-HR/appointing Authority/MD ….of course under proper acknowledgment..................that your salary is not being paid on fixed pay day since the month of .............and each time you have represented in office Mr/Ms................has stated that the salary shall be paid after .........days and then the date is extended further ........days (if possible mention dates)?
If yes what is the reply, in writing?
The employee can lodge a complaint the moment the payment of earned wages is delayed even if by a day..............from the usual pay day……………….and employer can be fined say Rs.7500/instance.
If salary is not paid then employer might have defaulted on PF,TDS,ESIC, etc also…………
5. You can lodge complaint with :
Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc…
Inspector appointed under: (name of the state) Shops and commercial Establishments Act, Payment of Wages Act
O/O labor commissioner
Thru RPFC in nearest PF office
Inspector –ESIC
ITO-TDS where you file ITR, jurisdictional CIT-TDS where employer files ITR
Rajendra K Goyal
(Expert) 17 March 2015
It seems that the company is in financial crises. Try to complete the required time span under Bond and leave. Meanwhile continue your search for another job.
Send written communication regarding your pay. If no response inform to the labour department.
