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007007   26 April 2016

Late salary issue.and company got shut downl

Hi i am working for a private company since 2012, after more than 3 years i.e march 2016 company got shut down. and they have opened a new company with different name(same office,same management, same boss, same process,same salary), on 31st april company has informed us that company got shut down and you will be working on contract basis. when we asked as per company policy they need to give notice of 1 month or 1 month salary,,,but they told us that u will be tranferred to new company hence no need to pay 1 month salary...now the question is technically we are not transffered, because in our previous company we were permanent employee but now we are on contract basis. and they gave us new contract which clearly states that you are not an employee of the organization, you have no link with the company,,,,you are a consultant and u will be paid consultant fee.

it means our services were discontinued...now when we said we will not sign any contract till we get our Full and Final of previous company..but they are saying u will pay u after 2-3 months..and it is not confirmed whether we will pay after 2-3 months or not...

if i dont sign the contract they will pay my march salary...today is 26th april 2016 and i have recieved my march salary, after 4 days i will be completing april month ...2 months without salary...is there any legal process where i can file a case against the company ? please help



Learning

 8 Replies


(Guest)
Yea u can claim ur salary with compensation... If u I've sufficient evidence
1 Like

Kumar Doab (FIN)     27 April 2016

Has anything, as posted by you, been communicated in writing under proper acknowledgment by company or employee (s)?

 

1 Like

007007   27 April 2016

Hi,

on 1st april 2016 the managment informed us that company got shut down..from now onwards (1st April 2016) you will be working for another comapny..we were the permanent employee in the previous company(the one got shut down) and in new company we are on contract basis, it is clearly mentioned on contract paper that u r a consultant not an employee of the company....then we asked for 1 month's salary as they informed us after company got shut down, then they said we will not pay 1 month's salary because we are transferring you to another company,,,but it is not transfer because we were permanent employee before but now it is a contract job...

i refused to sign contract paper, then they said we will take action, i told them first clear my dues then i will sign the contract..there is no relation between contract and my march 2016 salary because contract starts from april 2016....they shoul first clear my dues..

now please tell me what to do...and what is the legal process i can go for....plz help...

Kumar Doab (FIN)     27 April 2016

To avoid repititions you may post clear response.

 

You have not replied to:

"Has anything, as posted by you, been communicated in writing?"

 

You may also post clear response:

 

Do you have any irrefutable evidence (audio/visual/minuted/witnessed) that compnay made such statements? All of the affected employees may join hands.

Are you attending to our duty and marking attendance? Do you have proof of attendance/works performed?..................................You must have it!......................Or company may claim you are absenting/absconding/abstaining and terminated!..............................You may claim that you were asked to remain at home till further orders and shall be paid salary.

 

Has the company communicated in writing; that it is shutting down? Has it communicated to o/o Labor Commissioner, ROC?

 

 Obtain evidence.

 

The employee should be transferred by a speaking order!

The employee can not converted into consultant/contractor just like that.

You are facing a shrude and united group of Managers of a unscruplous employer.

 

Be careful.

 

Are you (and all affected employees) member of employee's/trade union?

 

 

 

1 Like

007007   27 April 2016

No...nothing has been given in writing...the company has conveyed this message verbally...the director of the company took a meeting and informed all the members of the company on 1st april 2016..that company has been shut down....fortunately i have recorded everything on my cellphone.

Yes i am attending duty and marking attendance...yes i have proof of attendence...

company didnt give us anything in writing about the shutting down of the company...

No.. we are not member of any employee's/trade union...

now HR said that if i dont sign contract papers they will hold my March's salary and will take action...

plz suggest something...

thanks..

Kumar Doab (FIN)     27 April 2016

Transfer the recordings by email (it shows date/time) and store the card,phone, carefully.

Probably the company is not closed and they have decided to convert all employee's into contractors, by hokk or crook , within the four walls/premises of the company.

 

Has all other employees signed the contract? Were they later asked to also sign resignation (with immediate effect/back dated etc)?

 

If all you are united then it is better.

 

Or atleast  you may join an employee's/trade union if you want.

 

Firm up your next venture ASAP and keep the offer in hand.

 

If HR personnel have threatened they may act to single out and harass. Record the meetings with HR (audio/visual/witnessed/minuted).

If you have irrefutable evidence then it may rescue you.

Submit a gentle request to supply the payment of salary and salary slip under proper acknowledgment.

 

Download each proof e.g. NO Tasks pending, NO loss by employee, NO misconduct etc..........

 

If you are properly informed, strong willed, determined, skilled, then you may not be at loss.

 

Consult an able counsel specialzing in labor-service matters. 

1 Like

007007   27 April 2016

yes,,almost all the employees have signed the contract with resignation letter....

they only changed the company name,,,boss is same, management is same, TLs are same, Managers are same...employees are same.....only the company name is changed...previously company was registered in india, but now it is registered in London UK...

i dont want to sign the contract papers untill and unless they credit my salary....would that make any difference ? bcoz they are forcing me to sign the contract papers...

 

Kumar Doab (FIN)     28 April 2016

The salary has to be paid on fixed/usual pay day.

Collect your salary.

Firm up your next venture ASAP. Inform next employer preferably in writing that you may not be getting last salary slip/service certificate/relieving letter/FnF statement...................and last employer may post adverse comments in BGV.


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