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Anindita (accountant)     11 October 2012

Salary not received till date

I worked in "Triveni Pariwahan Pvt. Ltd." from November 2010 to 3rd February 2012. The salary payment date was not fixed at that company. It was their regular practice, to pay salary to staffs at 10th, 15th, 20th, 25th of the next month. Though they were supposed to pay the salary within 9th of the next month. I left the job on 3rd February 2012. But till date they have not paid my salary for the month of January 2012. I send several emails to the director Mr. Sushil Periwal at his email <sushil@trivenipariwahan.com>, but he did not replied a single mail of mine. I want to give him a legal notice/ letter for my salary payment. Please help me..



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 1 Replies

Kumar Doab (FIN)     12 October 2012

You may go thru your appointment letter carefully and clause on termination/resignation, notice period/pay. If you have served notice period company can‘t adjust notice pay.

However company should supply you acknowledgment and acceptance of resignation, service certificate, FNF statement showing computation and disbursement of all payables, payment of FNF dues, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms { if submitted by you} or acknowledgment issued by PF office in original etc..

You may submit a final representation, narrating all previous representation { mention each date, name of company personnel}  by letter thru redg. post addressed to your appointing authority, MD, Company Secretary, and ask to supply all of these payments and documents say within next 7 days, by redg. post, at your address given in the letter. You may mention that you are enclosing a postage prepaid self addressed envelope {as purchased from post office}for reply of company by redg. post only.

If you want you may send a follow up email. You may obtain POD {certified copy of run sheet of post man} from PO by making a payment of Rs.10/-

 

 In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

 


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