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Deepa (housewife)     24 May 2012

Employer not paying dues - remedy

Respected People,

A recruiting agency got me a consultancy position [to develop their marketing network] with a private limited company, which hired me at Rs40k net of taxes. However, the first month the company did not pay me, stating that they have no money. Then at second month end when they did pay me for first month, it was with deduction from the 40k agreed, hence I got less money. Then the MD of company kept asking me to do illegal things [being: sell goods in cash and raise no reciept / charge no excise or vat and not issue invoices, etc]. Fedup with this kind of attitude of top management I quit my job. I have 2 months fees due from them. Even though the MD in his emails acknowledges the same he is unwilling to pay my dues, despite the fact that he has be regularly clearing all due of existing employes.

Please advice me how I can recover my dues, coz as a single mother it is hard even get by.

FYI: I had no written agrement with the company, but do have their payment slips for the payments done for consultancy services. The MD has ackwoledged by email that he owes me money. Further, this company has a tradition of not paying creditors as there are many and the money earned by the company is mostly siphoned of by the MD and other directors [being wife and father and mother] under various pretexts.

PLEASE ADVICE  how I can get my money, and what is the best course of action.

Many thanks.



Learning

 1 Replies

Kumar Doab (FIN)     24 May 2012

You may carefully structure the draft of your representation, by picking relevant points from records mentioned by you and raise demand of your due payments to be supplied to you by bank DD thru regd. post only so as to reach you say within next 7 days. Let the MD reply to you whatever he wants. Later you have the option to issue legal notice and approach civil court.

Another option is you may sit with this MD, drill sense into him and may quote the legal problems he can face due to illegal activities he is indulging into and convince him to pay you your dues. This shall be the quickest and easiest solution. You can apply your resources and if workable some influential acquaintance may accompany you.

Employee should record any episode of threat, coercion, intimidation, abuse, rude conduct (audio/visual) for use at appropriate time in appropriate forum.

Stay away from such unscrupulous employers I future.


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