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Nikhil   08 January 2018

Salary not received

Hi. I am working in an organisation from last 4.5 years and now the company is under transition process due to which I have not received my salary from the month of Sep'17 till Nov'17. My salary is more than 50,000. Can I file a case in labour court to get my salary?


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 6 Replies

Kumar Doab (FIN)     08 January 2018

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?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

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……………?

 

Kumar Doab (FIN)     08 January 2018

What exactly do you mean by Transition Process?

Has compnay supplied any written communication on such process to you/employees?

Are you still employed?

 

 

Nikhil   09 January 2018

Hi, Please find my response:

What exactly do you mean by Transition Process? - Our company has been taken over by some other invester. This invester was paying our salaries from last one year and now they have taken over it completely.

Has compnay supplied any written communication on such process to you/employees? - Company has provided written communication to those who have been removed from the system. We were asked to resign from old co. and complete joining formalities with the new one. During this transition we didn't receive our salary for 3 months and we were informed that we will get the salaries soon but till date we have not received any amount from last 3 months.

Are you still employed? - I am employeed with the new company however, I have resignation acceptance from my previous org. from whom the salary for 3 months is still pending. 

So can I file a case in labour court for my pending salary which is more than 50k a month?

 

Kumar Doab (FIN)     09 January 2018

You have not responded to all points.

You have also not  made IT clear if the company had asked to resign in writing and complete joining formalities with new establishment and what was communicated in detail on all paybales, continuity etc in the written communication......salary slip for said 3 months was issued or not............what was the notice period and what the notice eriod tendered/served etc etc etc .........

 

 

Kumar Doab (FIN)     09 January 2018

Generically speaking; If you are covered by the def. of 'Workman' as in ID Act then you can aprpoach Labor Court ( State/Central as per applicablity of Appropriate Govt in your case)

 

Nature of duties as on record may matter...

Kumar Doab (FIN)     09 January 2018

If you want to discuss further, post details.....

 

Or discuss iin person with seasoned employee's/Trade union leaders, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record.....


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