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Raman Chauhan   26 September 2016

Complaint against non payment of fnf salary

Hi,
My Name is Raman Chauhan,I have been working with Appsquadz technologies pvt. ltd. located in H 35 1st Floor, Sector 63, Noida, Uttar Pradesh 201301 from January to July.When i joined appsquadz technologies pvt. ltd one of my colleague left the firm saying that his  part of salary was due,after that couple of other colleagues also left with the reason that they are not getting salary on time.In the beginning i thought it might not be repeated with me,but i was wrong.For almost 4 months Appsquadz did not pay my salary on time and kept on giving different kind of excuses.
 
I have already explained my problem to  HR and she ascertained that going forward this would not happen.As per the discussion with CEO Chandrakant Aggrawal on  1 Aug,16,he ascertained that i will receive FNF  (June Salary+4 day salary of April+6 month variable+July Salary) at the end of month(August).It’s already 26th of the September ,i haven't received any cheque,document.I have already send many mail to HR but hardly get any revert.When i  called CEO,his phone is either switched off or i got message "Please wait".
 
I have already resigned and during my notice period i worked late hours and made every possible efforts,but they people are not co-operating with me.Its very disturbing and mentally harassing me as I cannot concentrate on my other work and Plans.I have  registered complaint in Labour Court Noida,Labour court officer also visited to my previous employer's office and assured me he has talked to CEO ,i will get my FNF near 15th/16th of September,but still didn't get any revert and response from Appsquadz.
 
Please suggest me what should i do now.
Best Regards
Raman Chauhan
8505913155


Learning

 33 Replies

Amit Mahajan (RH-Legal)     26 September 2016

Dear Raman,

Consult a lawyer for legal notice to the company, basis on your appointment letter. You may even seek harrassment and delayed ineterst over the same.

Regds

Amit Mahajan 

Adv

Raman Chauhan   26 September 2016

Thanks a ton Amit Mahajan!

Nitish Banka (lawyer)     26 September 2016

Dear Raman,

You need to file complaint in the labour court and claim the amount with interest.

Warm Regards,

Adv. Nitish Banka

9891549997

Amit Mahajan (RH-Legal)     26 September 2016

Labour court will not entertain, Employer is a Private limited company and employee doesnt fall under the definition of wage earner / Labour 

Raman Chauhan   26 September 2016

@Nitish Banka thanks for paying attention,I have already file complaint in the labour court.

Yes @Amit Mahajan you are right "Private limited company and employee doesnt fall under the definition of wage earner / Labour".Even labour officer who visited to my previous employer Appsquadz,he was also telling the same.

I think now i should Consult a lawyer for legal notice to the company as Amit Mahajan suggested.

 

Amarjeet   26 September 2016

Hi Raman,

I suggest you to file a court case against the company.

I was also facing a similar problem with some Private firm. I waited for 3-4 months and went to their office a lot of times. But every time was an excuse.

Then finally put my papers in court. Although the case took a while to complete but I was able to get all the money with Harassment compensation.

So if your old company doesn't cooperate, then you can also do the same and get the claim.

Raman Chauhan   26 September 2016

Thanks a lot Amarjeet,Glad to know you received your FNF settlement.

Kumar Doab (FIN)     26 September 2016

" "Private limited company and employee doesnt fall under the definition of wage earner / Labour".Even labour officer who visited to my previous employer Appsquadz,he was also telling the same."

 

It is grossly wrong.

 

You have not mentioned; What was your designation and nature of duties!

 

Approach a very abel counsel specializing in Labort/service matters ASAP.

 

Has the Labor Inspector files any report?

 

 YOur counsel may opine that;

 

You can lodge complaint;

With Inspector appointed under Uttar Pradesh Dookan Aur Vanijya Adhishthan ( UP Shops & Estbs Act)

Inspector appointed under Payment of Wages Act

O/o Labor Commissioner

Civil suit with damages

Complaint u/s 406,420

Winding Up petition

Many of the IT/ITeS employee's/Trade Unions can support you. 

Raman Chauhan   26 September 2016

Hi Kumar Doab Sir,

I was PHP Team Lead in previous company.

Job profile was Client Communication,Leading PHP and Development.

I got number of Mr. R U Yadav from labour court,who is currently handling Noida Sec-63 H-block region.He has visited to Appsquadz and assured me i will get salary.But he is not feeling well from last week as we had short phonic conversation.

I will have to ask has he files any report.

I would like to thank you for the useful information you have provided.

 

 

Kumar Doab (FIN)     26 September 2016

There are many  IT/ITeS employee's and have affillaited Trade Unions and have doen a good job.

They may try to square off your dues by notce pay as inserted in appointment letter.

 

However you need to press that in such case notice period/pay has lost its sanctity and is void.

Moreso if you are covered by the def. of 'Employee' as in the UP Shops & Estbs Act the notice pay for  employee is not more than 15days.

 

Moreso if you are covered by the def. of 'Workman' as in the ID Act then the Act does not lay any notice period for employee.

 

The Payment of Wages Act does not discriminate between 'Workman' and 'Non Workman'

Raman Chauhan   27 September 2016

Again Thanks Kumar Doab

Kumar Doab (FIN)     27 September 2016

You are welcome.

Raman Chauhan   18 October 2016

I have consulted a lawyer,who basically deals labour issues.We have registered complaint at Labour judge office.My lawyer told me about first hearing that will be held on 7 Nov,16.Now All i can do is WAIT!.

 

Kumar Doab (FIN)     19 October 2016

You could have involved the unions also.


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