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Employer not paid salary

Page no : 2

Roshan Sriram (Business Development Manager)     16 November 2012

Kumar Doab,

My boss is the appointing authority, And yes I have signed the appointment order and also signed the previous month 20 days salary slip. Which I wasnt given a copy of it. I have tried speaking to them in every way possible but towards the end since its a MEDIA company they are trying to use their influence and threatening me by not paying my salary. I have given up since nothing can really be done in india. And the support is going to be for the person who has the influence and not for the the person who is helpless like me and many others who faced the similar problem like I did.


Thanks Kumar Doab.

Roshan Sriram (Business Development Manager)     16 November 2012

PM,

I have decided to let go of it, Like you said its not point doing anything here,

Thanks.

Kumar Doab (FIN)     16 November 2012

Although it is extremely sorry to note that both of you have decided to let their wages be not paid you may proceed as suitable to you and as deemed fit at your end.

It is highly perturbing that even salary is not being paid and the employees are getting convinced that they won’t be able to get the dues from employer. Employers shall continue to exploit the employees.

That is why this thread is being continued.

During this thread for discussion only the best possible suggestions can be made.

It is the decision of the querist, employees in this case to peruse or give up.

We come across many employees who succeed in getting in their dues and documents from such unscrupulous employers. It is also true that litigation can be stressful for many employees. IN one of the threads a GM of Reliance mentioned he has been able to send tremors to Reliance and succeeded to a great extent.

Majority of such employees build written record and approach and lodge complaint with the Inspectors/authorities under various enactments. Many of employees succeed with the help of their lawyers, trade unions, influencil and resourceful acquintaces or on their own.

Unfortunately in our system employees have to lodge a complaint and peruse. Nothing happen on its own and that is why employer succeed to subdue the employees.

The question arises in how many jobs and in how many companies employee shall continue to give up his salary and dues?

In some states o/o Labor Commissioner grants three opportunities to be availed in a month’s time during conciliation proceedings and many of the employer agree to pay.

If employee is not able to attend the dates a representative of the employee be it trade union leader, lawyer can represent.

If the employer is adamant and recalcitrant it has to yield to the order of court of law.

The query in this thread is clear cut case of salary not being paid by these unscrupulous employers. The irony is again an employers are able to subdue the employees.

Employee can invoke the provisions of Industrial Employment Standing Orders Act, ID Act, SE Act, Payment of Wages Act…..etc as per explanation of employee under these enactments or approach a civil court. Designation alone does not decide that employee is a workman or not.

Employee can approach a trade union and they have their own way of handling such unscrupulous employers. Employee can approach a competent and experienced labor consultant/service lawyer. If employee is threatened it should be recorded {audio/visual}.

The authorities of law and courts should dispose such matters in a much speedier manner.

In today’s scenario employees have to have strong resolve and employees must unite.

Employers do and shall continue to look for weaknesses in employees and ways to subdue the employees. Verbal coercion or threat is one way of doing it.

 

 

Jayesh (Manager)     27 March 2013

 

Hi,

Since last March our organaization in financial crisis and we did not recieves our salary on time or 2-3 Months late till August now since November we did not recieved our salary.even though they didnt deposit employee income tax to GOVT. company is not in declare bank currupcy.In these circumtensis 

 

1. Is their any law which will help employee for their wright. 

2. some employee will not come for office work because of no fund and informed employeer the reason of unavaibility.

   such case can employeer take  any action against them.

 

or  any suggestions which will help employees.

sandj (ed)     22 December 2014

i m also facing same problem. i  m willing to file criminal case. can anybody pls suggest if there r judgemnts where honb'l court has mentioned that not paying salary is crime u/s 406, 420 ipc. i will be very greatful to u. i will fight till win.( my salary was Rs 25000 pm)

Regards

yogendra kumar mandavi (assistant teacher panchayat)     03 January 2015

Hi, My friend is working as peon in a government organization. He is working since march 2014. Gross payment applicable approx rs 13000 per month. he has not been given salary till now. He contacted block education officer for his salary related querry as this officer has DRAWING AND DISPERSING POWER of his payment. He got reply from block education office that his salary can not be disbursed because he is working as an extra employee. The set up of  employee of government middle school where my friend is working is of 1 peon only. When my friend joined that school as a peon there was already a peon deputed. so he became extra employee according to set up.The appointment order of my friend is released by higher authority than block education officer (assistant commissioner tribes welfare department cg). he joined that middle school by his order. if he become extra employee in that school, it is not his fault. He is working till now and havent got any salary. The employer is responsible for non payment of his salary. WHAT ACTION SHOULD MY FRIEND TAKE TO RESOLVE THIS ISSUE AND GET THE SALARY OF TEN MONTHS. HE HAS GIVEN LETTERS TO EMPLOYER AND HIGHER AUTHORITIES REGARDING THIS ISSUE.

RAM KUMAR (WORKS MANAGER)     30 April 2015

I have joined a company on 15 feb 2015 & employer issue me only offer letter but appointment letter not given.I have received salary for the month of feb 2015 in my saving account by ECS by the company.In march company transfered to me another location with out issuing transfer letter.On dated:10.04.15 company terminated me without issuing any termination letter(say you have not perform well) & also hold my salary for the month of march 2015.I am continuously in touch with management & hr deptt.(through  e- mail)for my salary & notice pay for 15 days but no result till date.

Plz suggest in that case what can i do for my dues.

 

Regards,

Ram Kumar

Kumar Doab (FIN)     02 May 2015

@Ramkumar,

You must have mentioned in your emails that on dated…………………..you were terminated verbally/in office……………by Mr/Ms………………designation…………………..dept……………………address…………………………..and appointment letter/I.Card has not been supplied to you despite your asking for it many times in office…

Do you want to contest the termination order OR you don’t  want and want to have your salary only?

The employer has  to supply you the termination order in writing,FnF statement,Form16,salary slips of all months,FnF wages,service certificate, relieving letter, NOC/NDC etc…………………

RAM KUMAR (WORKS MANAGER)     03 May 2015

As per your reply i have terminated on dated:10.04.2015 verbally/in office by Mr.Sanjeev Sawhni Managing Director (M/s T.R.Sawhni Motors,Wazirabad Road,Gokulpur Delhi)and appointment letter/I.Card has not been supplied to me despite asking for it many times in office(H.R deptt.).

 I am only wants salary for 40 days along with notice period payment of 15 days (for immediate termination with out giving any written termination letter as per terms & condition of employment offer letter.) 

The employer not   supply any  termination order and appointment letter in writing to me.

Kindly suggest in this case how can i recover my pending salary from the employer. Can i approach to police for any legal action against the employer? Can i send legal notice to employer?

Waiting for your suggestion .

Regards,

Ram Kumar

Kumar Doab (FIN)     03 May 2015

The estabslihment might have registered under Delhi Shops and Commercial Establishments Act: you may go thru Sec:19,21,30,33,34,35,37

The appointment letter, termination notice/letter  has to be supplied.Salary slip of each month,PF number and a/c slips, Form16 etc has to be supplied.

You can approach Inspector appointed under this Act and Payment of wages Act, Employee's /Trade Unions leaders,Labor Law consultant/Service matters lawyer/Law firm....

Delhi Shops and Commercial Establishments Act, Payments of Wages Act have already been attached in this thread.

NEERAJ RAI   21 July 2016

Dear sir Myself Neeraj Rai i was working in a FMCG co.( on roll job).I had resign under pressure of mgmt.I had submitted approved no dues by sales manager,account sec & distributor before six month,After that i had mail to HR & HR head(delhi) with attached photocopy of nodues & resign letter. Often i communicate to the HR manager but they are avoiding to release the due salary. Please tell me what should to i do.

Kumar Doab (FIN)     21 July 2016

@ Neeraj Rai,

You can approach the authorities as discussed many times in this thread.

 

The employee's/trade unions can support you.

 

You can proceed thru your able Labor Law consultant.

 

 


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