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Chandrashekar   04 March 2018

Employer not paying salary on pretext of police complaint

Dear Experts

 

My employer has filed a criminal complaint under Section 66 of IT Act 2000 alleging tampering with data and FIR is registered. In view of this I served with a show cause notice for which I did not respond. I was termianted and employer has not paid me for 4 four months prior to termination. Now he is refusing that in view FIR filed I am not eligible to claim the salary. However employer has remitted EPF contribution for both employee and employer 

Please advise



Learning

 7 Replies

Kumar Doab (FIN)     04 March 2018

Mere filing of FIR is not any decision on due salary of a employee.

Saying asking telling are all verbal modes of communication..

Do you have any reason for not replying to SCN?

Has anyone advised you to not to reply?

If yes, an if you wish you may post; who has advised ?

 

Chandrashekar   04 March 2018

Sir I had resigned. Employer stopped paying salary and didn't inform me of either accepting or rejecting resignation. In view of no reply and non payment I said automatically relationship is terminated and didn't reply to SCN

Sudhir Kumar, Advocate (Advocate)     05 March 2018

please reply the points raised by Mr Kumar Doab.

 

This information is vital.

Chandrashekar   05 March 2018

Sir I had resigned. Employer stopped paying salary and didn't inform me of either accepting or rejecting resignation. In view of no reply and non payment I said automatically relationship is terminated and didn't reply to SCN

Chandrashekar   06 March 2018

I submitted resignation by duly giving a months notice.

Employer did not inform me of either accepting the resignation or keeping it in abyeance. instead stopped paying salary abruptly. In view of non payment, I deemeed that employer has accepted my resignation and took up another job. 

After expiry of notice period employer issued SCN. In view of non payment of wages for three months I felt there is no employee employer relationship and hence did not reply to SCN.

Employer allegeed data manipulation during  my service and filed an FIR

Kumar Doab (FIN)     06 March 2018

Sudhir Kumarji is responding to you.

Sudhir Kumar, Advocate (Advocate)     07 March 2018

No response can be given without facts.


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