If it was lay off employees were not expected to resign.
Did the company ever supply any circular/even if by email announcing lay off?
HR is not your employer. HR is just other employee in the company.
HR shall disburse the payment when it is provided for by the employer.
You may narrate all representations made so far by you by phone (mention dates, phone numbers, name/designation of the HR and others) in person by email by letter etc, by a letter thru redg. post addressed to good offices of your appointing authority, MD…………….and raise your demand for pending documents and payments by bank DD only and thru redg. post only.
Has this employer been providing PF a/c slips, ESIC, Gratuity, Group Insurance etc and has it supplied correct FNF statement, and did you accept it in writing or you have not replied to FNF statement at all?
Has this employer provided Form 16, as per correct FNF statement, acceptance of resignation, service certificate, relieving letter etc………………?
PF, ESIC, Gratuity are social security tools and employer is under obligation to comply or face penalty, punishment including imprisonment.
Employer is under obligation to issue pay slip and get it signed from employee.
Employer can be penalized for Non Payment of wages on prescribed time and penalty for one instance can e Rs.7500/………………
Non payment of wages by employer renders employer as unworthy of being employed with.
Time for payment of FNF wages is usual pay day.
The employer is under legal obligation to keep
formats/forms/registers/records/service card as prescribed I labor laws including Shops and Commercial Establishments Act…………………………..
Employee should not wait and must Act and approach one and all…………………
Trade unions are sensitive to such matters. Be a member of trade unions. They know the precise manner to drills sense into the heads.
The lawyers are well versed in labor/criminal laws. Legal notice can drill sense into the heads.
Unpaid wages can be claimed as debt on employer………………….
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
There are threads to indicate that employees have been contemplating to approach police to lodge criminal complaint u/s 406,420…………………………….
A female employee made an employer bring seal and letterhead in police station and issue the payment of wages, relieving letter on the spot………………….
>> O/o Labor commissioner
>> Inspector under Shops and Commercial Establishments Act of the State…………
{ Karnataka under Shops and Commercial Establishments Act}
>> 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)
2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
13A. Maintenance of registers and records: 1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
>> RPFC in o/o PF Commissioner
You can route thru RPFC at Bangalore.
>> Inspector in Local/jurisdictional ESIC office………….
>> ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files return.
