Civil Procedure Code (CPC)

Employer not releasing my pending salary


I am struggling to get my due salary from my employer from last 5 month . I have been hired from X employer and was on payroll of Y employer. My Y employer is located in Bangaluru and X is located in Noida. I worked in Noida in the premises of X branch. My last working day was 20th Oct'17 after serving the 1 month notice. Since then I have waited for 45 days for F&F settlement. After several reminder and followups I got my relieving letter on 21st Dec'17 however there is no salary credited to my account. When I asked for the reason my Y employer gave me several reason on every follow up like : 1. Approval not received from X employer 2. There is no amount to be credited as per their rule of 80% +20 % salary structure (quarterly) 3. Person is not available at X employer and Y dont know about the calculation .. this has to be clear from X employer. On 1st Jan'2018 I received a mail from my Y employer that as per the calculation I have to return them 2.5K rupees after all the deduction when I asked for the reason and calculation they routed me to X employer. I asked the X employer about the calculation and they responded me its a correct calculation as per the pro data base. I calculated every thing on my own and submitted my calculation to the X employer which was 7K rupees they have to pay to me. After few days wait they told me that my calculation was right and they have asked the Y employer to release my pending amount. In the 1st week of Feb'18 I follow up with the Y employer and they assured me that I will get the salary in this present month salary. Today on 1st Mar'18 I contacted the Y employer that I have not received the salary and surprisingly I got to know they are trying to understand the calculation from X employer as why Y employer has to pay to employee. I am in state of mind that this time everything will be fine. I am so much of pain these entire period. I did not get any job , I am unable to fulfill my financial needs. Now I dont what to do , should I quit my salary or go by legal against such stupid employer who didnt know the calculation and didnt tried to understand the calculation when I was asking the calculation. I feeling mentally harassed by both the employer , Please someone guide me or suggest what to do?
 
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FIN

What is this 80%+20%?

What is this quarterly?

 

Is IT stated in any written document issued to you duly signed by employer e.g; appointment letter?

Or IT is stated in writing by X?

Did you accept this 80%+20% & quarterly in writing and if yes from whom; X or Y?

Has X stated so in writing or IT is verbal?

 

 
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FIN

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 
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