picprogrammer (Home) 27 February 2014

Getting tasks from employer while i am in my notice period

Respected All

I have been working in a small firm in chennai. I decided to resign my job as they failed to pay me for the last four months. Whenever i asked them, they said "No money to put" even though i worked hard and completed projects which i was assigned. After a long quarrel, they accepted my resignation and asked me to service for a month as Notice period. In that meeting, I was asked to do some knowledge transfer, providing documents and providing demonstration of whatever i did. As i have done most of these, they are now asking me to do some other tasks which were not discussed in my last discussion with the management.

And they are telling that, they will not pay my 4-month pending salary until i complete my notice period and that is what government law says they said.

I am unable to do anything as i dont know whether they are right. One thing is sure that they are making their employees do jobs for them; they earn money from that; but not paying their employees; making them to quit.

Also, i would like to know whether the company can deny paying its employees if it fails to give proper work to its employees?

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3 Replies

Girish Kumar (Jr.Advocate) 27 February 2014

Your company is cheating you. If they are not able to give salary for 4 months, how can you expect them to give salary after serving your notice period. Tell your management, if they are not going to pay your pending salaries immediately and proper relieving, experience letters, then you can approach labour officer in your locality and make a detailed complaint regarding the same. They would take proper action on it.

Sudhir Kumar, Advocate (Advocate) 27 February 2014

if you are getting salary during notice period then why you will not be working for company.

Kumar Doab (FIN) 27 February 2014

This employer is unworthy of being employed with.

In such a case when earned wages are not being paid employee may claim that service conditions like notice period/pay have lost its sanctity.

Firm up your next venture as ap.

Salary has to be paid on usual pay day or the employer can be penalized.

If there is a default on payment of wages there may be a default on PF, ESIC, TDS etc……….

Employee can approach:

----Employees Unions

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

--- Inspector under(Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act.

If the employer makes false entries it is offence.

--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

--- O/o Labor Commissioner

--- ESIC Inspector;

--- RPFC in nearest PF office

--- ITO; TDS where you file your ITR

--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

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

You may proceed under the expert advise of your lawyer.