Employer is not paying salary

Send ur employor through advocate for revocery of ur salary.

You may post the exact extract from appointment letter on termination/resignation. 

Did you tender notice or resignation with immediate effect?

Did you quote reason in notice of resignation, resignation ( Non/delayed payment of salary)?

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations? ( Noted; Software developer)


You were in which state ( Noted; Noida/UP)?

Does company have its office at your current location?

Does your address in company records remain the same?


What is this establishment; Commercial/Industrial (e.g; IT company) ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

You were under probation/confirmed?

Do you have acknowledgment of notice of resignation and its POD ( Noted; you have copy of resignation and NOC)?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

Has employer supplied anything to you in writng, till date?

Did you record the calls etc?

What was the max. number of employees this company had any point of time?

In other thread you have mentioned that you are a HR person.

https://www.lawyersclubindia.com/experts/Regarding-of-Calculation-salary-for-the-month-of-February--457251.asp

Still i am looking better way to get my salary from employer, Please suggest best and easy way for it.

Regards

Sunny

Apply your skills or lean on employee's/trade unions or entrust to an able labor Law consultant.

You have not replied to all points, pointwise.

Hi Mr. Doab, 

Plesae find below the answers of your query,

You may post the exact extract from appointment letter on termination/resignation. 

Did you tender notice or resignation with immediate effect? - I give resignation with immediate effect, But I was informed to employer that i will not continue and after some time I was submitted my resignation.

Did you quote reason in notice of resignation, resignation ( Non/delayed payment of salary)? -- No, I have mentioned personal reason in Resignation letter

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? - I was worked over there as HR, and nature of duties in not mentioned in my offer letter.

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?  - No

Could anyone cancell/amend your recommendations? ( Noted; Software developer) - No

You were in which state ( Noted; Noida/UP)? - Noida, Gautam Budh Nagar, UP

Does company have its office at your current location? - Yes

Does your address in company records remain the same? - Yes


What is this establishment; Commercial/Industrial (e.g; IT company) ? - Non – IT company

Does it have Certified/Model standing orders and does it apply to your designation? - Unable to understand

Are you a member of employees/trade unions? - No


What was your last drawn salary? - 22.5K

You were under probation/confirmed? – There is no any probation or confirmation procedure. They are not follow compliance policy.

Do you have acknowledgment of notice of resignation and its POD ( Noted; you have copy of resignation and NOC)? – Yes, I have copy of resignation and NOC which is I get for submission purpose with new employer

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office? - I address my resignation to MD

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement? – No

Has employer supplied anything to you in writng, till date? – No, We just communicate over the phone, But from the few days they are not responding of my calls

Did you record the calls etc? - No

What was the max. number of employees this company had any point of time? - 50

Regards

Sunny

You may write to MD under proper acknowledgment the reason for your resignation ( Non Payment of wages despite reminders in office............................narrate dates/phone numbers /names/brief minutes etc) and demand to supply the documnts already explained.

It is noted that you are not very good at drafting.

Seek help from elders in the family/unions/labor law Consultant.

If you are covered by the def. of 'Employee' as in UP Shops & Estbs Act then notice pay should not be more than 15 days.

However you may claim breach by employer ( Non payment of Wages) and that in such situation the notice period/pay lost its sanctitiy.

The U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962:

20. Termination of employment by an employee

https://talkhrm.com/wp-content/uploads/2014/11/U.P-Dookan-Aur-Vanijya-Adhishthan-Adhiniyam-1962.pdf

Preferably seek counsel of a very able Labor Law Consultant.