Kandarp (Sr SEO) 09 May 2014

Salary issue

Hello to all,

This is Kandarp from Ahmedabad was working with a privately held company.

I joined in August-13 and relieved Feb-13. In this 7 months I got salary of 2 months only. After too many calls and follow ups they provide me 1.5 month salary.

Now last month i called and they said we will give you cheque on 9th. But today i tried again and he said after two weeks. I have created a group on watsup which is having 12+ members who working in this company. Unfortunately they all are relived and not paid.

What are the things i can do in this. Approx they are owe 77000 to me. and 1.5 Lacs from others.They joined another firms and i am doing follow up.

Thanks in advance.

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3 Replies

Kumar Doab (FIN) 12 May 2014

What is this establishment; Commercial, Industrial, Small Enterprise?
The company might have displayed its registration certificate near entrance and you can find out from the certificate easily!

What is its line of business e.g; IT/ITeS, Banking, Insurance, publishing, engineering etc?

What was your designation and nature of duties and has the company explained the duties/KRA’s in job advertisement, interview, offer letter, appointment letter or later in circulars etc and do you have copies?

How many employees are employed in it?

Are you a member of any employee’s union, trade union?
The above information shall help, hence post it.

Record all replies (audio/visual) and keep some witness with you if possible for use at appropriate time in appropriate forum.

All unpaid employees can lodge a joint complaint too.

>>>Inspector under –Gujarat Shops and Commercial Establishments Act, Small Enterprise Act………….

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Gujarat Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.

----Employees Unions e. They may help you.

--- Trade Unions.
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

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

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.

MANOJ BAHADUR CHHETRI (site engineer) 17 May 2014

hi everyone,

My name is Manoj Chhetri and I am working in a company named WTCL, which is a vendor of various telecom like zte,nokia,vodafone in Bhubaneswar,Odisha.The work of this company to install cellular base stations towers in various locations. I joined this company on 11 april 2014 by paying a security deposit of 15000 rupees,

I have signed various undertakings which are given below.

1) the first undertaking was that if I leave the company before 6 months than the company will not return the security amount of 7500 rupees to me(which is half of the security deposit taken)

2)we will be given 8000 as our monthly salary till our training period.

Now, after my joining I have come to know the reality of the company. This company is recruiting too many students in bulk just only for their money sake. It is paying no salary to anyone.After completing 1 month when I asked our M.D , Mr. Bhuban Patnaik for salary , he said why should i give you salary , he is a fraud man. If I ask them to return my security amount of 15000 rupees they are saying that you have signed in the undertaking that if you leave before 6 months you will not get any salary.

But , I have the joining letter signed by the M.D where it's clearly written than I will get 8000 rupees as monthly salary.There are many students in this company who are facing the same situation in this company as mine but could not do anything.

So , kindly if somebody can help than plz contact my no. or id

7205623625

rocknrollmanoj@gmail.com

Kumar Doab (FIN) 17 May 2014

NO security can be collected for giving employment.

Have you been given certified copy of various undertakings signed by you?

Have you been given appointment letter ( not offer letter)?

You are appointed as ‘Apprentice’ as per Apprenticeship Act or as ‘Trainee’ as per Certified Standing Orders of the Establishment? It should have been clarified in appointment letter issued to you.

All employees may join hands and be witness to each other. They may form a union, or join a union.

If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, etc too………………………….
Employee can approach:

>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.

>>>Inspector under –(Name of your state) Shops and Commercial Establishments Act, Small Enterprise Act………….

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.

----Employees Unions e. They may help you.

--- Trade Unions: CITU, INTUC, AITUC, BMS and local trade unions………
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

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

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.