Ranjeet Kumar (Sr.Engineer) 26 September 2014

Employer is not paying salary

Dear All,

I had worked in an IT company(Telecom/managed Services/Corporate connectivity/MPLS-VPN) from july 2008 to August 2014.Please suggest what should i do to get my pending salary from my company who is not paying my 8 month salary,Gratuity and EL amount. Neither he is paying my salary nor giving me relieving.. I have got stop to go to office due to non-payment of my salary and after that i resigned from my company but he is not accepting my resignation too.when i co-ordinate with the company regarding my resignation and my pending dues they are saying that we will lodge a complaint against me ( fake blame like improper handover/not picking calls any so many excuse/not supportive). I have bank statement (Mail from HR dept for outstanding amount to company)as well as my attendance details and resignation details. Company doesn't want to pay any how ?

Regards,

Ranjeet Kumar

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1 Replies

Kumar Doab (FIN) 27 September 2014

It is guessed from the draft of your query that you might have left some loopholes in your communication to company.

You can always affirm to handover the charge under proper acknowledgment on the spot or if you have then you can emphasize that you have.

Approach an able Labor Consultant/Service Lawyer –Law Firm with copies of all docs on record and let your lawyer cover the loppholes if any…………………..and also draft reply to allegations……………….

Your lawyer may opine that the options are:

--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.

--Lodge complaint with Inspector under Punjab Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act.

Your lawyer may ask you a set of structured questions and may opine that you are covered.

One of the job of the Inspector is to ensure that FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act…………………….Your lawyer may ask you a set of structured questions and may opine that you are covered.

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................

The trade unions may agree to represent you.