Salary not paid

You may try to recover by writing registered letter, and later filing case in labout court. Also see the definition of cheating in the law and see whether you can file a case for cheating against this employer, or send him a notice for the same. Let us know the results of your efforts on this forum.

498a IPC

There is, though, an express or implied term in every contract of employment that your employer will pay your salary, and a persistent failure to comply with this obligation would indeed entitle you to resign and claim constructive dismissal and a breach of contract.

Dear Sir,

Can you tell me in easy language ,as its very difficult to  understand.

My simple question is can i get my 10 days salary? or can i got to labour court?

Regards

Amit

You can approach labour court and file a petition to the labour commissioner. It helps.

“My only mistake was ,i had sign 3 days present with red pen on presenty muster.”

It is felt that it is a trivial issue. Both the boss and employee could have applied some restraint.

Usually blue/blank ink is used in offices. Red ink is used when red flag is to be shown.

Has the boss pasted a Notice on the wall/above the desk where attendance register is place stating sign only in……colored ink or you will b penalized?

Did your boss ask you to resign and did you mention in the resignation?

What is your company a commercial or Industrial Establishment??

You can find out from registration certificate displayed at reception/near entry/on notice board.

Since you have resigned your boss might be refusing to disburse the salary with reference to some clause on notice pay mentioned in appointment letter……..and may even demand FNF payment from you or he might be thinking to apply some tactics that your resignation has not been accepted and you are absconding or you have abandoned the job etc……

--- Appointment letter has to be issued on joining. ( SE Act Delhi: Clause 34, SE Act AP: Clause Even a Copy is to be sent to Inspector, and copy of termination also to be sent)

---Notice period and notice pay is not applicable:

Model Standing Orders: In case of probationer, …..

The wages should be paid on last day in office along with service certificate….

13.  Termination of employment: (2)       No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled  to any notice or  pay in lieu thereof if his services are terminated ,

(3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

SE Act Delhi: If employee has worked up to 3 months no Notice period and hence notice pay is applicable. 30 (1) (2).

SE Act AP: Even if employee has resigned, employer has to pay15days salary.

Check SE Act applicable to your state.

One of the duties of Inspector under SE Act is to ensure that FNF dues are paid to employee in time. Ideally the time to pay is usual pay day.

37. (b) Duties of the Inspector: (i)

----Payment of Wages Act: Employer has to maintain the record of wages slip for 3 years.

Wages means amounts payable to employee in case of separation also.

Look into:

3*[(vi) "wages" means all…..

(d) any sum which by reason of the termination of employment of the person employed is payable under any law…….

13A. Maintenance of registers and records.

5*[13A. Maintenance of registers and records.-

If payment of wages Act is applicable to the establishment, standing orders amy also be applicable.

These Acts and contact details of Wages Inspector, Inspector under SE Act, ALC in O/o Labor Commissioner may be available at Dept. of Labor website of your state, or you can obtain from O/o Labor Commissioner.

Consult your elders in the family, competent and experienced well wishers, lawyer/law firm and proceed under their wise advice.

There are many threads at LCI on similar subjects and some employees approach even police:

e.g.:

https://www.lawyersclubindia.com/forum/Resignation-of-an-employee-76209.asp

hi,
i m working from past 1 year in Tata concultancy service,as a vendor,at client place.
from past 2 month i m  not getting my salary,i asked through mail,but i did't get any reply,i aske dto manager what is the reason,he said verbly it is because of Background verification,ur previous company is fake,if u r able to give any proof then i only i can do any thing,then i submitted PAN card and registration proof of my previous compnay.
after submitting those documents also i did't get my reply from them,when i asked about my salary ,after 2 month they are saying you are terminated,but they r not sending any mail regarding this.
still i m coming to client place ,where i deputed.
they r not replying for my mail.
i m not getting what should i do.
till now they did't send any mail,that i terminated,and not giving my salary also.
please tell me ,what should i do.
 

Address your mail to the HR manager at Tata Consultancy and if he/she fails to reply back, visit the regional office and address your issue with the HR manager. Depending upon the response you get from the HR manager, take decisive measures.

Dear Sir,

It is a small  and new export firm situated in Vasai.They havent give me appointment or offer letter,owner of company promise that he will give appointment letter after completing 6 Months.This is happened with 4 employe including me.

Everyday we sign on a book as presenty.He can terminate employee as per wish.Because of hes daily harasment on work i forced to leave the said company.

I just want justice if i work in the said organise he bond to pay my salary.

My helping friends here will guide me that i m sure.

Awaitng reply from honr.Lawyers here from Lawyersclub India.com

Regards

Amit

@Amit,

You have not mentioned the city in which Vasai is located.

We are guessing it is a suburb of Mumbai hence this export house should be covered under SE Act Mumbai. The Act is attached.

If you feel that you are not able to understand the details explained below you may take the help of elders in the family, some trade union leader, competent and experienced well wishers, or any lawyer in your neighborhood, known to you.

A legal notice, from a lawyer, phone call/representation by trade union leader, Notice by Labor Inspector, Inspector under SE Act/Payment of wages Act should resolve your matter and all other employees.

The employer is flouting and violating rules, laws, enactments and may fall in trouble if all employees unite and be witness to each other.

Some employees even lodge police complaint under sec 4006, 420.

You may also go thru similar threads at LCI, e.g:

https://www.lawyersclubindia.com/forum/Resignation-of-an-employee-76209.asp

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-76681.asp#.UUCj0UritJI

----SE Act Mumbai is so employee friendly.(Attached)

2.  Definitions.

'"[(б)  "Employee" means a person wholly or principally employed, whether

directly or through any agency, and whether for wages or other consideration in

or in connection with any establishment; and includes an apprentice,

25.  Employer to furnish identity card to employee.

38.  ………Inspector under SE Act Bombay shall be the Wages Inspector (as in Payment of Wages Act) for all employees.

[З8 А. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act,

^[ЗВ-В.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  13.       Termination of employment,  15.      Complaints, 17.  Liability of 17[employer].--, 18.          Exhibition of standing orders.-)}

 51.    Employer [and manager  to produce registers, records etc. for inspection.

( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)

Moreover the Inspector is under obligation report every two months as given in Sec.66

55.    False entries by employer and manager.

58.  Determination of employer for the purpose of this

бб. Notice    of termination of service:

You would need to take a stand that you were made to resign for signing in the register with red ink. You have worked for less than 3 months and as per Sec 66 of Se Act Bombay 15 days notice should have been given.

---Model Standing Orders:

13.  Termination of employment : (2)      No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled  to any notice or  pay in lieu thereof if his services are terminated

Implying that in your case no notice period is required. As per SE Act Bombay Stanbding orders shall apply.

---Payment of Wages Act:

16. Single application in respect of claims from unpaid group.

All employees should stand as a witness to each other and lodge individual or single application.

On any day all employees may click photo of attendance register and each standing near attendance register.

Kindly approach a lawyer/law firm specializing in cases pertaining to SE Act, and get the points discussed above clarified.

You may access Dept. of Labor website/SE Inspectorate and thus obtain latest version of the enactment and contact details of the Inspector.

The enactment is effective and many of the employees have obtained relief including in case of termination.

@ Jyoti,

It is believed that service certificate/work experience certificate; relieving letter submitted by you of last company is not fake.

If you are innocent you are wasting your time. Even if termination letter is not supplied this HR personnel might have inserted it in your personnel file.

First of all obtain your authenticated attendance record from client location.

Then narrate your representations to appointing authority, MD, Company Secretary, and mention that on dated……..Mr/Ms……….designation……..dept………..address………stated on phone call when you made a call from phone number…………at phone number…..(retain bill) that your past company is fake and you supplied the copy of Pan Card and registration detail of your past company namely……….

Even if company is fake you are not at fault and you are demanding your earned wages.

And on dated………… Mr/Ms……….designation……..dept………..address………stated on phone call when you made a call from phone number…………at phone number…..(retain bill) that company has terminated the service while you have not received any such order whereas your email id is with the company and you are getting emails on other subjects.

Hence good offices should supply you the certified copy of the report alleging past company is fake, and termination order if any which otherwise also should have been supplied to you by effective mode of communication e.g. email/redg. post and payment of your earned wages by bank DD only thru redg. post so as to reach you within next 7 days.

The communication by email should be supplied so as to reach you in next 2 working days whether you should work at client location or not and what are next orders for you. You may also mention you may be allowed to examine your personnel file maintained at HO and good offices may grant you an appointment in writing.

You may even mention that a postage prepaid self addressed envelope is enclosed herewith for sending redg. post to you.

If the good offices also maintain studies silence you may submit final representation after two days mentioning that you are unable to attend to office as you are facing acute financial hardships and you shall be at your address as in company records and given below ……..and company should not impose any condition of notice pay etc to you if it does not want you to work with company and final orders of the company should be supplied to you in next 2 working days…..and that even if you are not attending office company should treat as if you are on job and pay you wages.

Keep on submitting reminders and firm up your next venture as ap.

The options to recover your unpaid wages are described in this thread.

Thanks for your reply..
but as i mentioned,i m not direct employee of TCS,i m working like business associates.but that consultancy through i deputed is not doing this background verification check, TCS is doing this check.
according to TCS policy they have to complete this check within 3 month.but after 1 year they r saying like this.that too i have enough proof to prove this is not correct. i have my experience certificate, scan copy of my previous company PAN card and registration certificate.
then also TCS is doing like this.they r  saying acoording to TCS policy you are terminated....
so i want to know to whom i should contact...my consultancy HR or TCS HR.
one thing more i want to say ,my consultancy HR is not responding correctly..theyare saying simply you leave this job,we will give you 1 year experiece certificate.
please give me suggestion to whom i should contact.

@Jyoti,

You should positively represent in writing under acknowledgment to your appointing authority, MD…………of the company which has appointed you, and obtain duly certified copy of attendance record, work/tasks performed record from the location where you have been working.

After you have obtained this record you may represent in writing under acknowledgment to your reporting authority, MD of this company also where you have been working.

Has your company issued appointed letter to you and is it supplying salary slips?

Who has been paying salary to you, and what is the mode of payment?

Company should issue and supply appointment letter and salary slips.

Is there any other document which shows that your company has seconded you to another company?

You may show all documents to a competent and experienced labor consultant/service lawyer and proceed under expert advice.