Darshan (HR) 16 December 2014

Employer not giving salary and other dues

Hello,

I started working with a company in last week of september with a company. This company was my client previously and the Director promised me salary and other perks. He gave me offer letter as well. Now, since my joining, he is avoiding me and there are lot of reason. I had a meeting with him yesterday. He said that he does not want to keep me. Before yesterday, he asked me to be at home for one week but then he extended it to three weeks saying that he is busy.

Even i do not want to work with him. My issue is, based on trust i did not demand for appointment letter, i did not get bank account and other formal process what other employees get. I just have one offer letter and copy of cheque which he gave as part payment. He has not made payment to me. I have also a copy of attendance records

My question is are these documents valid enough to take the employer in court to demand pending dues.

Please help

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3 Replies

Chesta (Operation officer) 18 December 2014

Hi I joined a company is Oct'14. , i was only given Letter of Intent over mail only on joining of services. after working for one month i left the job there. i mailed the resignation to the HR , next day i joined another company. Now this Company is not paying me my salary for the month i hav worked. Company is denying my salary on the grounds that i have not served the notice period , whereas i have been given only letter of Intent wherein no Terms and condition were mentioned which could bound me . Plz advice me the remedy for this . my one month salary comes out to be Rs. 25000/- i have joined there as a recruiter- Team lead.

Kumar Doab (FIN) 04 January 2015

@ Darshan,

The documents in your hand should suffice to stake the claim........

You should document the meetings and minutes in a manner that builds favorable written record.

You may demand full payment with salary slip duly signed by employer, appointment letter,I.Card,PF number,ESIC card,TDS certificate etc......

Avoid such unscrupulous employers and try to be with establishment with good HR practices...

Try to record his statements that he does not want to keep you and claim compensation.....

Kumar Doab (FIN) 04 January 2015

@ Chesta,

If the employer has not mentioned that your service conditions shall be governed by say..................HR policy/Service Rules and Regulations etc .........in letter of Intent..........or say in appointment letter/contract of employment/service agreement etc then it is as simple as that these do not exist as far as your relationship with employer is concerned.....

Since no such service condition of notice period and notice pay in lieu of notice period has been issued/communicated to you and signed with you it does not exist and does not apply to you........

You may show all documents starting from job advt.,job application,interview call letter,selection letter,offer letter, letter of intent.........................break up wages..... etc to your Labor Law Consultant/Service matters lawyer and proceed under expert advice of your lawyer...............

Your lawyer may opine that:

---you shall be covered by the def. of 'Employee' as in (name of the state) Shops and Commercial Establishments Act, 'Workman' as in ID Act............................although your company may scream that you are not covered.....

---you can file complaint u/s 406,420......