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SIDDHARTHA SANKAR BANERJEE (ACADEMIC AND PLACEMENT HEAD)     08 January 2014

Full and final not paid

 

Dear Sir.

 

 

 

I was working as academic and placement head with a company called UEI GLOBAL corporate office is in Pitampura from last 6 years.

 

I keep on waiting for my Full and final payment from last 6 months. I have e-mail from the company 2 times sent to me for agreement and acceptance. Both times it was wrong. For the final means 3rd time I keep on waiting from last 2 months. So I sent SMS to CEO Manish Khanna for my FNF. Ultimately accounts lady said due to this I have I have speak to company law year MR Shivender Chopra and at the beginning Shivender speak to me said that I will get it, it is on the process and he is part time worker that means whenever UEI will call him then only he will go and asked about it. Now from last 2 weeks he stops picking up the phone. Kindly advice what should I do now.

 

 

 

Regards

 

 

 

Siddhartha

9810226331



 1 Replies

Kumar Doab (FIN)     08 January 2014

 

What were the errors noted by you in FNF statement sent by company to you for verification and acceptance?

 

 

Did you point out in writing?

You may narrate all representations by a final representation addressed to appointing authority, MD (preferably by letter thru redg. post)  made so far by email, by phone, in person etc......................and mention dates, phone numbers, names/designations/depts./address of all person.................and brief minutes of discussion and demand that payment of your wages, reimbursements, payouts ( mention detail) and documents (mention detail) be supplied to you within next say.............7 days by bank DD only by redg. post only.

If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... . 


-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.


-Trade Unions/ Employees Unions: They know precise ways to handle such issues


-Inspector under Delhi Shops and Commercial Establishments Act; which is so employee friendly.............

You may go thru:

21.  Claims  relating  to  wages.

37. Powers and duties of the Inspector: (b) Duties of the Inspector:

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld

 

The provisions of this Act have been discussed in another in detail at:

 

https://www.lawyersclubindia.com/forum/Timings-95121.asp#.Us1yOtIW1MA

 

Moreover the present govt. in Delhi is citizen friendly..............

 

- Inspector under Payment of Wages Act ( applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm )

-o/o Labor commissioner

- RPFC for PF

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.



-ESIC Inspector

-Civil Court.


>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI



>> If the need be  you may without any hesitation approach a competent and experienced labor consultant/service lawyer.

 

 

 

 


Attached File : 716957326 delhi shops & establishments act, 1954.pdf downloaded: 189 times

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