Harrasment by compnay

Sr. Manager - Infra

Dear Sir i am working in a ltd company , Company is not paying salaries to their employees since last 7 months. Salary is pending of NOv, dec- 2012 , and Jan , April,May, June July 2013.

 

Now i have raised my voice against the management in result company is asking me to leave the same ,

 

i have asked them to clear my pending salaries and rest F&F can be paid later , but company is only providing me two months salary .

I was already managing my expenses since lat one year now how will i manage the same becasue my pending salary was not given by Company and also asking my resignation.

 

company has also not provided form 16 , while they have deducted money from salary paid to me.

 

please suggest for further action

 
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Advocate,9444674980

violation of all working conditions leads to court involvement. send a detailed letter to the management about your dues and form 16 take an acknowledgment,wait for the reply and take up the issue with the  labour court with all concrete evidence ,engage a good lawyer who can fight your case on its merits.

 
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Lawyer in Hyderabad.wats app no.9989324294

Normally every companies have standing orders relating to its employees. Please check such orders of your company in your case also.

 
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advocate

alone in such matter you cannot fight with the company

so,

1. what others do follow or talk to your collegues and involve them to raise voice alongwith you for the remaining salary because by the pressure of the higher authorities you may resign but ending with legal cases and spending some more amount from your pocket 

2. as said above first give a detailed letter enlighten the problems you are facing since last one year and try to take first that two months salary and give this letter

3. as the problem is non payment of salary means even your collegues will be hand glove with you to get salary 

4. finally if no one came to your rescue do not give resignation but take legal action but first drop letter after getting two months salary and continue working there,

 
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FIN

 

The situation makes employer unworthy of being employed with. In such a situation employee should conclude on record that notice period/pay has lost its sanctity.

 

All employees may unite hands and be witness to each other and approach a lawyer as ap.

Now onwards let all representations and steps be taken under expert advise of the lawyer.

.

Be a member of some trade union.

 

 

You have posted that:

 

--------“ Now i have raised my voice against the management

 

You are to be targeted as per the strategy………….and you are being subjected to it.

 

 

--------“ company is asking me to leave the same ,’

 

It is unlawful, offence……………….

 

If the company wants to separate, it can terminate in line with service conditions stated in standing orders, appointment letter…………….

 

Record this as evidence: audio/visual, witness…………………It may come handy and useful at appropriate time in appropriate forum.

 

--------“ i have asked them to clear my pending salaries and rest F&F can be paid later.

 

You have already given very long rope to this employer. Do not give any more of it.

 

The day for payment of FNF dues is usual pay day.

 

--------‘, but company is only providing me two months salary’

 

The company must have not stated it in writing and shall not do it.

 

If you resign without notice it shall be pleased to square of your dues……………………

 

It is probably not even a settlement/lay off compensation being offered to you.

 

 

-----------“company has also not provided form 16 , while they have deducted money from salary paid to me.

Demand it in writing from competent employee who signs on it and MD, appointing authority.

 

You can lodge a complaint with Inspector-TDS where you file your ITR and jurisdictional CIT-TDS where company files its return. There are provisions for penalty.

 

 

Many employees working  have been initiating similar threads.

In case the employer states it has no resource to pay the employees and files for liquidation/bankruptcy, then employee shall be last in the queue for getting his payments…………… therefore obtain all information on asset of the company and directors………………….and move to collect your dues as ap.

http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

 

 Labour & Service Law Others Company in liquidation

 

All employees may approach a competent and experienced labor consultant/service lawyer and give inputs in person. Let your lawyer opine on would all be covered as ‘Workman” as in ID Act and “Employee” as in Shops and Establishments Act’.

Does this company have its certified standing orders and does Industrial Employment Standing Orders Act/Model standing Orders apply to it and has the standing orders been extended to your designation?

An employee covered by these enactments and statue would be protected up to that extent, leaving few choices with employer or the employee may have to approach civil court. These enactments should be available at the Dept. of Labor website of your state.

 

Is this company providing salary slips, showing deduction of PF, …………………….?

 

 

Narrate all representations made to management (mention names, designations, dates……………and response………..) by a representation ( preferably by letter thru redg. post) addressed to good offices of appointing authority, MD, CEO, Chairman, Company Secretary with a copy to Head-HR………….. 

Conclude that employee is facing acute financial hardships and is not able to manage kitchen/household expenses, to support family, to fulfill social/moral responsibilities towards family/parents etc………………..and can no longer bear expenses to attend office/duties…………………………

 

It is time to firm up next venture as ap.

If employee(s) contemplate to separate be sure to mention that in case of such severe breach by employer clause of notice period/pay has lost its sanctity and validity and employer on his own should waive off notice period/pay………………….

 

The company might have registered under ‘Shops and Establishments Act’ of the state and should have displayed the registration certificate near entrance on notice board.

 

 

The o/o Labor commissioner, Inspector/Chief Inspector under ‘” (name of the state) Shops and Establishments Act’, Inspector under Payment of Wages Act are expected to take suo moto notice of such incidences……………………………A phone call, email, letter, visit in person should be sufficient for them.

These offices are under the purview of RTI act. These offices can check the records and registers of the employer and can even call for the records in their office.

 

Try by dropping a whisper that the employees are contemplating to call a press conference on info passed to these offices, escalate to superior offices/regulators and even minister/ministry/ court of law……………

There are threads suggesting that employees have contemplated to lodge criminal complaints under sec 406,420……………………………………and to approach employer as creditor treating unpaid wages as debt of employer………………………………. to file a money recovery suit within statutory time period under order VII before the Civil Court where the office of his company is situated,……………………. Filing civil suit under Order XXXVII as a smart option………………………...

Many employees and their counsel are able to resolve such matter s by applying exceptional levels of mediation, arbitration, negotiation, reasoning, persuasion, persistence, conciliation skills.

 

You may go thru an interesting thread at;

 

http://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UeI3aNKAqWN

 

There are many threads you may find useful:

Valuable advice of learned experts is sought.

 

http://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM


http://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM

http://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM

http://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM

 

http://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

 

http://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

http://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

http://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

http://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

http://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

http://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

http://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

 

http://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

http://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

 

 

 

 
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LEGAL COUNSEL

File a written complaint to the labour commissioner under the Payment of Wages Act, setting out your claim. You may visit the labour office where your

company is registered as an establishment and file the complaint.

Vasudevan

 
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