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Siddhant Sharma   09 July 2017

Company not paying salary

Good Evening

I had joined an advertising agency this past April. My companies head office is in Meerut and I work in its Delhi Branch where I work alongwith just one more guy who is my senior. Within my first 15 days, company was asking me to visit its head office to mingle with other staff and I was hesitant in doing so as going from Delhi to Meerut is a task in itself and I wasnt told beforehand that I would be required to visit the head office. Also I kept asking them for a joining letter but they kept stalling saying they will look into it.

Secondly, the other guy swtiches on the air-conditioning only for max 30 mins in a 9 hour shift as he himself has said that they/office cant afford the electricity bills which I dont think is even a valid reason. He also on certain occasion doesnt come to office at all and doesnt bother to inform me at all. There was an incident where he had not come to work and I had collapsed due to dehydration and since we are the only two person in office I had no help for hours.

In June, my boss started asking me to do overtime for him as he needed me to complete a project before June 6. I did 3 hours overtime for 3 continous days without any assurance of extra pay. He called me to work on Sunday as well and I informed him that I'm not feeling well I will work from home and complete his project, he simply replied take medicine and come but you have to come.

I told him that is no way to treat your employee and I wont be killing myself for your project. The next day I went to office and asked him whether he is going to give me the joining letter or not he simply said these are just formalities they dont hold any value in professional career. I told him its not possible for me to work in such a condition and left the organisation. SInce then I havent been paid my salary for the month of May.

Can I go to labour court against them for my salary? Will I be in trouble since I didnt give them a written resignation and they could claim I have been absent without leave? Is there any other options available to recover my salary?



Learning

 53 Replies

Siddharth Srivastava (Advocate)     09 July 2017

What was your Designation? If you comes with in the definition of labour then approach labour tribunal otherwise file recovery suit. Consult a lawyer with details.

 

Ms.Usha Kapoor (CEO)     10 July 2017

Yoy file  your case in a labour court or if it's an industry in an  industrial tribunal for recovery ofyour salary.Contact a good labour law lawyer.

G.L.N. Prasad (Retired employee.)     10 July 2017

Have mental peace, ignore the past and hunt for another opportunity for employment, as the entire post states that you are too sensitive, and these attitudes are not suitabel in Advertising industry.  We lose our investments in several acts / ventures.  Consider which is precious in your life and choose that way and accord priorities and cost benefit analysis.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2017

How can you joined in to the job without getting appointment letter ? Without appointment letter you do not have rights to ask salary etc. 

Kumar Doab (FIN)     10 July 2017

Apparently comany has an office at Delhi.

Go thru:

Delhi Shops & Estbs act;34. Employer to furnish letters of appointment to employees.

 

Likewise go thru clauses on service conditions/standing orders/payslip.............

 


Attached File : 60926 20170710125357 216049802 delhi shops and establishments act.pdf downloaded: 48 times

Kumar Doab (FIN)     10 July 2017

If you were covered by def. of wages as in Payment of Wages Act then go thru:S;13A

and comments on OT.

Payslip should have been provided.

If wages were not paid then employer is unworthy and everything else;T&C may loose its sanctity.

 

 

 

Kumar Doab (FIN)     10 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

 

 

Siddhant Sharma   20 July 2017

Originally posted by : Kumar Doab

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

 

 Sir answer to most of these questions is NO.

No joining letter was provide niether I signed any document hence notice period is invalid.

Company doesnt provide any payment slip/salary slip. They paid me through direct bank transfer for my first month.

I am their designer. I design their product which goes for manufacturing. They main deal in counter-tops, display units and such stuff.

I had worked their for 2 months.

Now I've written a letter to Deputy Labour Commisioner of East Delhi in which I have detailed everything of how they didn't provide any joining letter, how I was made to work overtime, how the company was presurring to provide complex designs in very little time and how my off days were being cancelled in order to complete projects.

I sent two copies to the Delhi Branch (where I work) and Meerut Head Office. Today the company called my instructor (who helped me get this job) and told him that I should take my complaint back. 

What should I do now sir? Is the companies response to the letter amount to blackmail? Can I file another letter stating mental stress due to this?

THanks for your time and advice.

SS.

 

Kumar Doab (FIN)     20 July 2017

You seem to have supplied the demand notice.

If company complies to your genuine needs, take back your complaint.

Lodge complaint with Inspector appointed under Payment of Wages Act, Delhi Shops and Estbs Act..............

Let them run to your location and you or send everything by Redg. Post.

 

 

Kumar Doab (FIN)     20 July 2017

1 Like

Siddhant Sharma   25 July 2017

The company has been threatening me that my career will be ruin if they file a counter case against me. They're saying they have stopped my salary because I didn't give them any notice period. I said when u didn't provide me any appointment letter then where is the question of a notice period? Also I told them to go ahead and file a case against me and tell the courts how they employed a person without an appointment letter for 2 months.

My senior who interviewed and appointed me is saying company will ruin my career and hes saying speak to the owner in Meerut to solve your problems. I told him that u're the one who interviewed me and appointed me so I'll speak to you, employees dont go running for the owner when they have issue. 

What else should I do now sir? Can the company sue me like this or are these just empty threats to scare me off? Also can the company ask for notice period when they themselves haven't provided me any written document/joining letter as proof of employment?

 

 

G.L.N. Prasad (Retired employee.)     25 July 2017

The simple advice is "Wait and cross the bridge when it comes", Do not get disturbed with assumptions on some threats. These are the general threats by employer.  No one can ruin a career, and if they does so, they have to face much litigation for their conduct, as law requires documentary evidence for each act or imputation.

Kumar Doab (FIN)     25 July 2017

The exact clause and exact link to the Act has already been supplied to you.

The Act provides for if standing orders are not applicable then provisions of the Act shall apply.

Record all threats.......

 

Remain amiable and gentle.....

Kumar Doab (FIN)     25 July 2017

Also go thru:

15,17,19, 21,30………….

You are right that if appointment letter is not issued the employer should not produce T&C from thin air.....


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