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Jatin (N/A)     07 November 2013

Help !!

Hi Sir,

I was working for a company, it was a growing call center. but due some problems the company shut down.

I worked there for 8 months, they released my first two months salary but from the third month they started giving me excuses like the company is facing financial issues and did not release salary in full and that happened for couple of months now the he total amount of money which they have to pay me is 42000/-  and its been 4 months now and they have also stopped receiving my call. Fortunately I Spoke to the Managing Director and he said he resigned from that company. I don't even know if that company is still in business or not. If somebody can help I would appreciate that.

Thanks

Jatin



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

First send a legal notice to the company demanding the payment of arrears of salary under RPAD and after that go for a money recovery suit against the employer.

Kumar Doab (FIN)     07 November 2013

 

 

The employee should not give such a long rope to employer.

 

 

 

 

If wages of one month are not paid it should e treated as a danger siren and employer should treat employer as unworthy of being employed with and firm up his next venture as ap.

The employer should have provided the proper circular/letter citing reason for closure/relieving the employees so that there is no adverse effect on future employability, relieving letter, service certificate, correct FNF statement, payment of FNF dues, form16 as per correct FNF statement, PF number, PF a/c slips for entire tenure of service, ESIC card , salary slip of all months of employment…………………   

The employer should have also approached the labor office to file for closure ………….

The call centers are covered by Shops and Commercial Establishments Act …..

Find the whereabouts of the owners, MD, promoters and their assets too……………

The employee can approach:

 

>> Lawyer/Law firm: The legal notice can help to drill sense into the heads.

 

>>Trade Unions: The Leaders know the precise ways to handle such matters.

 

>> Inspector under Shops and Commercial Establishments Act of the State…………One of the duties of the Inspector is to ensure that the dues of the separated employee are paid.

Many of the states have inserted a clause in the Act that appointment letter should be issued. You may go thru the (name of your state) 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)

 

>> RPFC in o/o PF Commissioner (Nearest office has to help even if the PF a/c is ion some other office)

>> Inspector in Local/jurisdictional ESIC office………….( Wage ceiling for ESIC was Rs.15000/pm as per def. of wages in the Act and it is learnt that it was enhanced to Rs.25000/pm)

You may also approach police with criminal complaint………..u/s 406, 420

 

 

 

Manoj Yadav (Team Leader)     10 November 2013

i have resigned  from my company in Feb 2013  but  now  they are refusing to give my diwali  bonus for the year of 2012-13, now  they are  not telling any  reson but they have taken the application for the same and that time it will be given after diwali ......when is approch them  they are refusing to give  also for the other resined people are facing same problem ...............what action we can take againest the company .......kindly suggest......

Sudhir Kumar, Advocate (Advocate)     10 November 2013

agreed with Mr Kumar Doab

Kumar Doab (FIN)     11 November 2013

Bonus for accounting year should be paid before 30th Nov to avoid penalty/punishment.

Request the company to send the cheque by redg. post only at your address (provide with pin code) or transfer in bank a/c if acceptable.

Manoj Yadav (Team Leader)     11 November 2013

But They not Telling when thay give the Bonus kindly suggest what i can do

Kumar Doab (FIN)     11 November 2013

That does not stop you from writing to Head-Hr, Appointing Authority and MD.

If no one replies and does not disburse approach local o/o labor Commissioner and Inspector appointed under payment of Bonus Act.

If you are not able to handle on your own entrust it to our lawyer.

 


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