Devendra Gaur 23 February 2016

Full & final payment of salary due

Dear All Seniors,

I joind a company for 6 month third party (Manpower Services, Gurgaon) contract role in September 2015.

After 2 month and 7 days company told me not to come furthermore for work and said to talk to my empoyer for my full and final payment of 7 days payment.

I contacted to my employer many time by mail and call for my balance payment, but still they are not responding for my query.

Now what should I do further for my full & final payment?

I am thinking to go labour court against my employer.

what is the procedure to get complain registered in labour court?

Please suggest me for further action. I have seen, my employer makes fool many candidate day by day. They stop the candidate's final payment after resigning the job or contract finished, of those candidates who are not aware of labour law or not having sufficient educated or having residence far from their office and can't bear cost of travel to their office for remaining and balance full and final payment. Finally, those aggrieved candidates stope their efforts to get their balance amount of full and final payment.

I want to teach a lession to my employer for that bad practice with candidates.

Please suggest me.

Thanks

Devendra Gaur

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4 Replies

Kumar Doab (FIN) 23 February 2016

Who is your employer: Compnay or Contractor/Manpower Services?

What was your designation and nature of duties?

Were you issued with any appointment letter, salary slips, PF number,ESIC card?

Did you write to your employer that the compnay has asked you not to come for work?

If yes did your employer write back to you?

Did you resign in writing and do you have copy of resignation and its acknowledgment?

Did your employer terminate your employment?

Devendra Gaur 24 February 2016

Dear Sir,

I was employed in MNC company on third party role for the period of 6 month contract.

My employer is a contractor (M/s Manpower Serrvices, Gurgaon) and they provide employee to their client like to many MNC on theirself contract role.

My Designation was as HR payroll Administrator.

I have Contract letter for 6 month period and 2 month salary slip of M/s manpower Services and PF no. also.

I resigned to company and my employer also in writing, but I don't have any acknowledge for that and resignation was online through company's provided mail id and system.

My reporting manager of client company discussed and told me, with cordial in verbally, that i am not capable and having communication problem to do work properly in their company, and afterward we both agreed mutually for my resign. Manager told me that he has discussed with my employer for my resignation so I have to mail a resignation letter through company provided mail id and system.

Thereafter, I called to my emplyer for that and they replied me to awearness and agree of my resignation. But allthings was on phone conversation not in writing.

But I have Contract letter, 2 month salary slip and PF no. also. and after some time wrote many mail to my employer regarding my full & final payment but they didn't respond for same.

Thanks

Kumar Doab (FIN) 24 February 2016

Apparently you were on FTC.

Asking to resign is.......... demanding resignation and can be termed ..................'Deemed Termination.

In your case the onus to prove demand of resignation may fall on you.

If it is established then employer may have to tender notice pay/compensation/liquidated damages/damages etc.

If the employer proves that you resigned by your free will than it can adjust notice pay as in contract signed by you.

In any case employer should supply acceptance of resignation, FnF sheet shwoing all payables to you and by you and net payable, FnF dues, salary slip of all months, Form16, service certificate, PF a/c slip of the year, ESIC card etc...................

You can also demand above mentioned documents and also copy of resignation sent by you on compnay's internal email.

An able counsel specializing in labor-service matters after examination of your contarct/natuire of duties etc can advise you the right forum that you can approach:

O/o Labor Commissioner

Inspector appointed under Punjab Shops and Estbs Act (You may be coverd by the def. of employee as in the Act)

Inspector appointed under; Payment of Wages Act ( as per wages drawn by you and as per def. of wages in this Act. This Act does not discrminate between Workman and Non Workman.)

Their contact details, alongwith the Acts mentioned above, Trade Union etc , is on Dept. of labor website.

Our counsel may also opine that you can lodge complaint u/s;406,420

approach Civil Court for recovery etc

You can visit the labor Court,CGIT, Civil Courts, and talk to counsels specializing in labor-service matters.

Anish Thakur 7018812737 (advocate) 28 February 2016

First send them legal notice and if they didnt response that there are many govt organisations and labour court and ministery where you can send your compliant online also