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Anuradha (HR executive)     05 May 2015

Employer not paying salary

Dear Sir,  I was working with a HR consultancy  (Acts Consultant), Office at FF-58 Vyapar kender, Sushant lok part 1, Gurgaon. I had joined this company on 5th July 2013 with the appointment letter/offer letter ( as enclosed with this email). As per appointment letter all terms was very basic including 15 days notice period. Sir, after 5 months of my joining they keep on delaying my salary from fixed salary date that was 7th of every month.They delayed my march month salary by a month, I keep on requesting them to give me my salary as i need to pay my room rent and need money for monthly expenditure after hard strugle they gave me a cheque of Rs 16000/- but it was got bounce due to insufficient balance in their account. I asked the reason of cheque bounce with respect to that they told me that thay have some financial issues currently and will give me another cheque.After seeing the company's condition I decided to search for a new job because without salary survival in the city like Gurgaon is not possible.So, I had resigned from (Acts Consultant) on (10-05-2014) with resignation letter as enclosed .I buy out my notice period with my 10 days salary of May month (01-05-2014 to 10-05-2014). They gave me acceptance letter & re- leaving letter ( via email) as enclosed with the email and i requested them for my last 2 months salary . After my resignation,they gave me Rs 12000/- in cash because they had financial issues and could pay me this much only also comitted that after 15-20 days, they will pay rest Rs 4000/- by issuing a cheque of Rs 20000/- that is the total pending salary now, but they didn't issue. I keep on asking for salary Rs. 20000/- in total and they use to tell will give you cheque today/tomorrow. After 2 months of my resignation ,the concerned person Mr. Akshay Vats changed his number .I got his new number from his business partner  after lot strugle.Then again I did followup with them for my salary and from June 2014 I am keep on sending mails/calling them but no one is replying anything. Its a year now. I had done several followups with the firm but they are not responding my calls,messages. They told me that we are having strong relation with police and you cant do anything. Pls consider this mail as request and looking forwarded towards you for your kind attention in this regards and looking forwarded for your kind support so that i can get my hard soul money. 

Regards

Anuradha



Learning

 7 Replies

Kumar Doab (FIN)     05 May 2015

Hope you will take it in positive spirit.

Why employees suffer?

Because the non united employee’s are viewed as ill informed, without any support, loners, and are susceptible to exploitation…………………….by unscrupulous employers.

The employee’s that stay in such expensive cities as paying guests, away from their homes are more susceptible since they have expenses to bear and those working on low salary don’t have reserves.

Employers know that they will count every penny won’t like to spend for legal consultation with a lawyer.

The non united employee’s are unaware of the labor laws and their rights.

It is evident from your post too, although you are a HR person.

This company should be covered by Punjab Shops and commercial Establishments Act (Haryana follows it).

https://hrylabour.gov.in/docs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

 

An able Labor Law Consultant/Service matters lawyer/Law firm may opine that you shall be covered by the def. of ‘Employee’ as in Punjab Shops and commercial Establishments Act,’Workman’ as in ID Act………………………..and that if wages are not paid in time the notice period has lost its sanctity……………and is no more valid.

 

You are covered by Payment of Wages Act, PF,ESI etc too…………if it employs min/ no. of employees as defined in the Acts(s)..

Have you been getting salary slip of each month showing the wages paid and deductions made?

It is mandatory to supply salary slip signed by both employer/employee.

You may go thru: payment of Wages Act; Sec13A

 

 

What was your designation and nature of duties:::how many persons were reporting to you:::Did you have power to sanction ( or recommend……clarify) leave/increment/appoint/terminate?

Has the company been deducting PF contribution from salary and has it been supplying the salary/wage slip showing earned wages and deductions, every month?

Has it supplied the PF number, ESIC card?

Have you demanded to supply the PF number and PF a/c slips of each year?

Have you been supplied FnF statement, acceptance of resignation, service certificate,relieving letter,Form16, NOC/NDC etc?

 Did you record the calls during which the threat of police was made to you?

Did you issue any notice for cheque bounce?

 

Reply to all points pointwise. Resolution of your matter might be possible.

 

Anuradha (HR executive)     06 May 2015

Dear Sir, It was a startup company and I was the only employee of the company. I came to the city first time and was in need of job so I joined this startup and I used to get the salary by cheque or sometimes in cash .no PF deductions and all. Although I have the offer letter ,my resignation mail,resignation acceptance, last two months salary cheques,bounced cheque.I resigned because their financial condition was not good and relied on the director's wordings that he will pay me my salary within 15 days.I didnt record the call because I was not aware that this would happen with me.Now please suggest what shud I do? I want to teach him a lesson.So that he will not repeat this to anaone in future. Regards Anuradha

Kumar Doab (FIN)     06 May 2015

It has already been explained that you can approach:

Inspector appointed under: Payment of Wages Act, Punjab Shops and commercial Establishments Act, o/o Labor Commissioner….

While you demand PF,ESI,…………. you may count no. of employees direct (you) and on contract……………….

You may show the bounced cheques to your lawyer and your lawyer can advise further if these can be banked again and complaint under NI Act can be filed……….and a criminal complaint u/s 406,420 can be filed….

You may preferably proceed further under expert guidance of An able Labor Law Consultant/Service matters lawyer/Law firm, employee’s/Trade unions leaders……………..

 

Ranjith (civil engineer)     08 May 2015

Hello sir,

My friend recently had joined a software development company and she worked there for about six months. Due to some personel reason she relieved from that company and the final month salary wasnt given to her by the company. They had assured her that they would transfer the salary to her bank account but the failed to do so. Now after soo many calls messages, mails, they are not giving a proper response and intending to cheat. How would she resolve this problem?. Can anyone help regarding this?.

 

Thanks

Kumar Doab (FIN)     08 May 2015

@ Ranjith,

You should mention basic information while initiating a query:

 

What is the notice period inserted in appointment letter?

Did you submit notice of resignation (if yes , how many days) or resignation with immediate effect?

Did the company waive off the notice period in writing?

Did the company supply the acknowledgment and acceptance of noticve/resignation, FnF statement shwing computation of salary for no. of days worked?OT/Leave encashment/bonus/adjustment of notice pay etc, form16,service certificate,releiving letter,NOC/NDC etc…. ?

 

You are located in which state? Does company have an office at your location?
The reporting office is located in which state?
The Redg. Office of the company is located in which state?
How many persons are employed in it?
Does it have its CO (certified standing orders)?
What is your designation and nature of duties?
How many person are reporting to you?
Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate?

 

 

amit srivastava (advocate)     24 June 2015

amit srivastava (advocate)     24 June 2015

@ Anuradha Ji,

You can give your complaint regarding unpaid salary to labour commsissioneer who sits in district court in mini secretariat in Gurgaon Distrcit Court. I did appear in one of my client's case to get dues for him and in which he received his unpaid salaries alongwith other dues..

Amit Srivastava, Advocate

7838826685 


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