Last month salary and expense not paid

You have shown too much of patience. but there is a time limit for everything and as per law there is 3 years time limitation for recovery of dues. you have lost more than 2 years. now you need to send legal notice through an advocate asking for your dues. even if company fails to make the payment then you need to file a court case against company for the dues.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Mr. Rohit has given valuable advice. Kindly follow it.

You have indeed shown undue patience and have company has infact been patiently been wasting time and enjoying the condition of ill informed employee.

The following is the heartfelt opinion only and it is suggested that you may show all documents to a competent and experienced labor consultant/service lawyer and give inputs in person and proceed under expert advice of your lawyer.

You may submit a final representation by letter addressed to god offices of appointing authority, MD, Chairman, company secretary “and give a heading as NOTICE” and narrate list of all representations made by you till date in person, by phone, email, letter etc{ mention date, phone numbers, name/designation/dept/address of company personnel and brief minutes of discussion} and raise your demand of payment of dues and documents { provide detail} with interest by bank DD so as to reach you in next 7 days by redg. post only and mention that a postage prepaid, self addressed envelope bearing postage stamps of Rs………is enclosed for sending the redg. post to you.

What is the notice period mentioned in appointment letter issued to you and also in standing orders of the company?

The service conditions mentioned in the standing orders can not be negated. Thus if the notice period in standing orders applicable to the company is 1 month it should not be 2 months in appointment letter.

If standing orders are applicable and company has not framed certified standing orders should apply. State of Karnataka has ended the blanket exemption granted to IT companies and if IT companies have not framed certified standing orders model orders shall apply.

Model Standing Orders:

13.          Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

17.

18.

Did you tender notice of resignation, serve the notice period, handed over the charge, company property under acknowledgment?

If you have not served the notice period the company would be happy to adjust notice pay for shortfall in notice period in FNF statement and settlement.

Notice pay should be adjusted @ basic + DA as employer disburses paid leaves, gratuity, OT, bonus at this rate.

Did the company accept your resignation and supply you the acceptance of resignation, correct FNF statement, work experience/service certificate, relieving letter, Form 16 as per correct FNF statement, PF number, PF a/c slips for entire period of service?

Did you sign acceptance of the FNF statement supplied to you by the company?

If gratuity is mentioned in CTC sheet you may succeed in claim for gratuity. Submit Firm I to company with a copy to controlling authority under acknowledgment.

IT companies are covered under SE Act applicable to the state.

You may look into clauses on termination and notice of termination, payment of wages, and claim of wages etc in SE Act applicable to your state which may be available on Dept. of labor website of your state or you may buy from market.

e.g. SE Act Delhi:

20,21,30,33, 41 etc

--Payment of wages Act; 3{vi}, 5,13A, 15, 16, 19, 20….

3*[(vi) "wages" means all remuneration (whether by way of

salary, allowances or otherwise)

(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;

In a given situation employee can invoke the provisions of IESO Act, SE Act

{Approach Inspector under SE Act}, Payment of wages Act {Wages Inspector}, ID Act,

as per explanation of employee under these enactments. Designation alone does not decide employee is a workman or not.

Your company may yield to legal notice by your lawyer, demand notice of conciliation officer, or notice from Inspector under SE Act/ Payment of wages Act, or you may have to agitate in the appropriate forum.

Kindly proceed under expert advice of your lawyer.