Upgrad LLM

delay in full and final settlement payment


Respected experts,

 

I worked for a company called Ixsight Technologies Pvt. Ltd. in a senior management position. In October I resigned from the company due to the irregularities in the payments. I served my complete notice period and received a relieving letter from the company alongwith a full & final settlement report, which indicates about Rs. 8.5 Lakh ruppes payable to me by the company. These dues include the sign-on bonus promised to me at the time of joining (April 2012) and my October salary. As per the company policy, I am supposed to get the F&F dues cleared within 40 days.

 

But till date, the company has not responded to my queries about the payment. They keep saying that as soon as they have enough funds, they will pay me. But they seem to be functioning normally otherwise. The amount is very large and it is been pending for quite some time. I have been following up with the CEO, CFO and the COO on regular basis on emails, but no luck.


In such case, what legal recourse do I have so that I can get my dues clear?


Thanks in advance for your opinions.

 

 
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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

Since there is an acknowledgment in the form of settlement report, you can file a suit against the company to recover the dues as debt.

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FIN

Learned Mr. Ramesh has given valuable advice and has enriched the forum. Kindly follow it.

The direction shown by Learned Mr. Ramesh shall provide relief to many of the hapless employees.

Mr. Ramesh is requested to throw more light and Illustrate how to proceed in such matters. Kindly provide some citations and judgments.

It shall be so good when courts shall treat in each and every case the amounts due to be paid to employee as debt on employer and deliver judgments.

The situation is employer frequently, habitually apply tactics to tire and subdue the employees and dump the employee in courts.

The situation shall change when the courts treat dues as debt and thrash the employers, and employees treat employers as their debtors and approach them as the creditors.

 

@ Common Man,

You may approach a competent and experienced service lawyer with copies of all of your documents salary slips appointment letter, service rule book, HR policy, exit/separation/severance policy, emails, FNF statement, document and policy on sign on bonus etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that a legal notice be issued.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum.

Bombay High Court

Balaram Abaji Patil vs Ragojiwalla (M.C.)

“Therefore 'wages' does not merely mean remuneration payable by the employer under the terms of the contract, express or implied; it includes any amount which the employer legally becomes liable to pay to the employee on fulfilment of the contract.

23:

In the case before us, once the employee has performed his part of the contract, the minimum wages due to him are, in our opinion, a debt due from the employer.



Attached File : 390848241 unpaid wages is debt on employer balaram abaji patil vs ragojiwalla (m.c.) on 22 march, 1960.pdf downloaded 1741 times
 
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Thank you both Learned Mr. Ramesh and Mr. Kumar for your response. Mr. Kumar, thank you for providing detail information on the documents to provide to the legal expert.

I will start working on creating a record of all documents so that I can proceed with the legal action.

 

 
Reply   
 
FIN

@ Common Man,

Learned Mr. Ramesh has set the course for discussion on this interesting thread. We extend our heartfelt thanks to Mr. Ramesh. You can immensely benefit from his counsel. Discuss.

Kindly keep on posting the developments in this thread.

Valuable advice and contribution of learned experts/members is sought.

 
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Dear Sir,

I was working in an immigration firm of canada as a Manager in chandigarhj and my date of joining was 16th July 2013 to 1st march 2014.

before that I had an experience of same field of more than  12 years in which I have worked with other companies and also worked as a freelancer in guiding students for overseas education I(when i was not working)

Before joining this company I was working from home as a freelancer.  Mhy hometown is at the distance of 3 yrs from Chandigarh by bus and I was doing up and down through bus. At the time of interview it was cleared that I will be reaching the office between 9 to 10 am and will be leaving from office between 4:45 to 5 pm due to bus timings. I was joined at the salary of rs. 25000 which was raised in the month of october to rs. 30,000. According to them they were very satisfied from my performance. 

In the last week of feb I got ill due to which I had to take off. My employer and HR manager asked me to take rest for 2-3 days. On the 3 rd day when I came back they asked me to sign the letter which states that I misconducted and didnt report work to the head and misguided the staff due to which I am being terminated. When I refused they started using abusive words and blamed me that I didnt shift at the chandigarh due to which I will have to sign. I asked that I want to go outside they again refused. They also told me to hand over the official phone. I requested them if I can handover after an hour since i was not having any other alternate phone and i have to travel long distance and I can arrange some alternate for it. After that I left office and went downstairs the market to call my family. The employer sent 2 guards , hr manager with the employer herself and try to snach the phone from my hand like if i will run from them. the scene in the market was created. 

Next day I got to know from others that the employer is abusing about me to clients on phone and doing -ve publicity against me. Then after  4 days I got the termination letter posted at my home which state the wron g eligations on me and mentioned that I was given warnings before but actually they never gave me any warning. 

Now they are not paying my salary and they have spoiled my futurs... my reputation and i am the only person who was earning for my daughter. I am under mental depression. 

 

The same they did with 2-3 more employees. 

i try to consult with lawyers but nobody giving me the right direction and asking for high fees. Right now I am not able to pay high fee. 

 

Please guide me if any body can help me and guide me 

 

 

 

 
Reply   
 

Dear Sir,

I was working in an immigration firm of canada as a Manager in chandigarhj and my date of joining was 16th July 2013 to 1st march 2014.

before that I had an experience of same field of more than  12 years in which I have worked with other companies and also worked as a freelancer in guiding students for overseas education I(when i was not working)

Before joining this company I was working from home as a freelancer.  Mhy hometown is at the distance of 3 yrs from Chandigarh by bus and I was doing up and down through bus. At the time of interview it was cleared that I will be reaching the office between 9 to 10 am and will be leaving from office between 4:45 to 5 pm due to bus timings. I was joined at the salary of rs. 25000 which was raised in the month of october to rs. 30,000. According to them they were very satisfied from my performance. 

In the last week of feb I got ill due to which I had to take off. My employer and HR manager asked me to take rest for 2-3 days. On the 3 rd day when I came back they asked me to sign the letter which states that I misconducted and didnt report work to the head and misguided the staff due to which I am being terminated. When I refused they started using abusive words and blamed me that I didnt shift at the chandigarh due to which I will have to sign. I asked that I want to go outside they again refused. They also told me to hand over the official phone. I requested them if I can handover after an hour since i was not having any other alternate phone and i have to travel long distance and I can arrange some alternate for it. After that I left office and went downstairs the market to call my family. The employer sent 2 guards , hr manager with the employer herself and try to snach the phone from my hand like if i will run from them. the scene in the market was created. 

Next day I got to know from others that the employer is abusing about me to clients on phone and doing -ve publicity against me. Then after  4 days I got the termination letter posted at my home which state the wron g eligations on me and mentioned that I was given warnings before but actually they never gave me any warning. 

Now they are not paying my salary and they have spoiled my futurs... my reputation and i am the only person who was earning for my daughter. I am under mental depression. 

 

The same they did with 2-3 more employees. 

i try to consult with lawyers but nobody giving me the right direction and asking for high fees. Right now I am not able to pay high fee. 

 

Please guide me if any body can help me and guide me 

 

 

 
Reply   
 
FIN

Did this company provide you PF number, ESIC Card, salary slip and agree to reimburse relocation expenses……………………..?

Did you lodge complaint with police/women cell for outraging you I the market/public place, snatching from your hands and do you have witness…………..?

Do you some proof of negative publicity that may amount to defamation, discriminatory retaliation…………………..?

 

Your lawyer may opine that you shall be covered as ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Commercial Establishments Act…………………

 

If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..

 You have the option to approach:

----Employees Unions e.g; PCMSRU at Chandigarh/Punjab  affiliated with FMRAI ……………….They may help you.

 

--- Trade Unions e.g; CITU, AITUC, INTUC, FMRAI ............................


--- Chandigarh follows Punjab Shops and Commercial Establishments Act

At Chandigarh Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority.

You may go trhu:

http://chandigarh.gov.in/dept_labour.htm

 


Labour

 

 

 

Mohammed Shayin, IAS

 

Labour Commissioner

 

DC Office, Sector 17,
Chandigarh

 

Tel. +91 172 2709000

 

dc-chd AT nic.in

http://chandigarh.gov.in/admn_struc.htm

 

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- 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. 
You may refer to: Payment of Wages Act; Sec13A and 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 Form’N’ for recovery of wages.

--- O/o Labor Commissioner

----RPFC thru nearest PF office

----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 your ITR

CIT-TDS (jurisdictional) where company files ITR

----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;

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

 

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Termination letter, etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 

There are many threads on similar queries including this one and others e.g;

 

http://www.lawyersclubindia.com/forum/Claims-not-settled-by-the-company-after-resignation-98912.asp#.UyW01EeBmXU

 

 

 



Attached File : 587787058 punjab shops and commercial establishments act 1958.pdf downloaded 210 times
 
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