Employer not paying salary.


My Previous Employer is not paying Salary for last 3 months, I left the job for this reson, later i came to know that they have not deposited TDS and PF also from last 8 months.

Also they are not frowarding our froms for withdrawal/transfer PF account.

They have done this for all the employees and it is a public ltd company.

Please help/suggest what to do to recover our hard earned money.

 

Thanks

 
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FIN

 

Did you mention the non payment of wages as a reason for leaving the company?

You may cover it in subsequent communications (in order to declare the employer as unworthy of being employed with) and demand that the notice period/pay in such a case becomes defunct and employer should waive these off.

The question arises what should be done by employees in case of  employers/companies that do not pay the dues and taxes to government and wages to employees.

It seems to be as simple as that extract the payment of wages even if employer has to sell his shirt and his assets.

That is precisely why trade unions run after such employers

It is not difficult to under stand why because in case the company is liquidated the stacking order of priorities is:

1.  EPF dues

2.  Workmen’s Compensation Dues –

3.  Sales Tax Dues

4.  Dues to Banks (pari passu with Workmen’s Dues)

5.  Workmen’s Dues (pari passu with Bank Dues)

You may go thru interesting thread at:

Discussion > Labour & Service Law > Others > Company in liquidation

http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

>>>>There are threads to suggest that employees have lodged criminal complaints under section 406, 420…………………

Probably such employees know that other routes are lengthy and not sure.

And that unpaid wages can be claimed as debt on employer, e.g;

http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

>>>All employees may join hands and be witness to each other.

It shall be appropriate if all employees approach a competent and experienced labor consultant/service lawyer and proceed under expert advice of the lawyer.

The company is under obligation to supply you the acknowledgment of notice of resignation/acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, PF number/account slips for whole tenure of service, salary slips, NDC, acknowledgment of handover of charge/company property if any…………..etc

Employee should maintain from beginning that all document and payment by bank DD only be supplied by redg. post only. Employee may add that postage prepaid, self addressed envelope is attached for sending redg. post to him.

Model Standing orders: 13.          Termination of employment.- (3)      Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

Day for payment of FNF dues is max. by usual pay day.

For Unpaid wages employee can approach o/o Labor commissioner,

Inspector under state Shops and Establishments Act,

Inspector under  Payment of Wages Act which is applicable to all employees drawing wages up to Rs.18000/pm.

Section: 2. Definitions.-  

“3*[(vi) "wages" means …………………………….

(d) any sum which by reason of the termination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum,

whether with or without deductions, but does not provide for the time within which the payment is to be made;”

 

>>>>You may check at the website:

www.epfindia.gov.in

and find out if the company is listed in the list of defaulters and if the 7A proceedings have been initiated against the company.

Meet RPFC in person. The contact details/directory, citizen charter is available at the website.

If you feel that PF office is not doing much to recover the dues you can lodge a complaint with Vigilance cell alleging connivance and also escalate to Addl CPFC of the state and also CPFC.

Submit PF forms by redg. post only and keep the POD safely with you.

The employer is duty bound to attest the forms and submit to concerned PF office within 5 days and supply the acknowledgment issued by PF office to employee.

Refusal to attest the PF forms is offence. If the employer does not attest the PF forms employee may lodge complaint against employer. In case you have the POD of PF forms submitted to employer you may write a complaint to RPFC and attach attested copies of PF forms by any of the designated authorities including BM of the bank where you have a regular a/c.

The complaint (by letter) and attested PF forms can be routed thru/submitted at nearest PF office (under acknowledgment of course) and request can be made to depute PF official and penalize the employer. EPFO is covered under RTI act, and in case of lapse by PF employees they can be penalized by the dept.

 

>>>>Form16: The employee can lodge a complaint with ITO, I/c-TDS in local office, and CIT-TDS in jurisdictional office of IT where employer files return. There is provision for penalty if Form 16 is not supplied by deductor.

Gratuity: You may submit FormI to company (by redg. post under acknowledgment). The company has defaulted by not issuing notice to you. If company does not tender payment of Gratuity within one month you can approach Controlling Authority of Gratuity at your location which might be DLC. There are provisions for interest for delay, penalty and imprisonment both in case of contravention of the provisions of the Act.

Refer to Sections: 3, 4, 7, 8 ,9…………. of Payment of Gratuity Act.

 

 

 



Attached File : 559251879 payment of wages act 1936.pdf downloaded 61 times
 
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