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Smruti (Sales executive)     02 January 2010

My salary and dues not paid and terminated without notice

Reg. My salary and dues not paid

Sir,

Am an MBA graduate and was working for manufacturing Pvt Ltd company (Packaging Industry) in Hyderabad for last 5 months as a Sales Excutive. My salary was 6k/m paid by cash on 7th of every month. Well my company has not issued any offer letter and never gave salary payslips(No deductions) till date even after several requests. There was lot of travel involved in this position where I had to attend tender bids, negotiations and find prospective cutomers. While working with this company I  traveled different cities and my last travel was to Patna where I was assigned to collect the balance payments from a Govt. Dairy (Client) there but the payments was not released by them due some technical faults with machines supplied to them. While when I returned and resumed my office on 17th Nov 09, I was told that my employment has been terminated from the rolls and informed to settle my accounts. They just gave the answer that I was a failure in just collecting the payments and for the same they will deduct my 10 days salary.  Then I went to take my salary from accounts dept., they said to submit my tour bills, final settlement will be on 7th Jan. Even though I requested to pay my salary for the month of November but they just denied and  told me to wait for the final settlement.. They also operate a different company with a different name into the same manufacturing. When I asked them if am working here for this company then why I suppose to settle accounts at other company. The MD said thats my sons company and whole accounts dept based out there. I am facing financial crisis as not able to pay my two months room rent and mess bills.

Kindly, suggest and guide.

Smruti, Hyderabad



Learning

 6 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 January 2010

 call us we can negotiate over phone other wise we issue notice and bring to the notice of labour officer concern. Donot worry with in a week days ,you will be received all bills and salary.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     02 January 2010

 I am disturbed by your apathy. Having been a MBA Graduate, the least you should have inssisted is the letter of offer/appointment . However, you still have good remedy at this stage. Please check whether company is registered as a factory (is the machines manufactured at the company or bought from else where and only traded) or at least under the Shops & Establishment Act, as an Establishment. For your employment, you must have signed attendance register/vouchers for salary and fair evidence for travel treated documents, visiting/id cards. etc. Please send a legal notice for settlement of you dues and if you dont'  get the same, file a complaint with the local labour authorities where your company is registered.

vasudevan

1 Like

RAJESH KUKREJA (ADVOCATE)     02 January 2010

I THINK MR REDDY IS BIT IN THE RIGHT DIRECTION, BUT WHEN THERE ARE NOMINAL CHANCES OF NEGOTATIONS,

YOU MAY APPROACH THE CONCERNED LABOUR OFFICER IN YOUR ARE LIMITS AND DON'T FORGET TO MANAGE & KEEP ALL THE PROOFS OF YOUR JOB LIKE YOUR TRAVEL RELATED PROOFS,ANY AUTHORITY LETTER AND RECORDS VISITED OFFICES & ATTENDED MEETINGS WITH YOU,

WISHING YOU BEST OF LUCK.

1 Like

H. S. Thukral (Lawyer)     03 January 2010

You have to simply file a suit for recovery of your dues. Being a sales executive you donot have protection in labour laws. Send a notice to the employer.

1 Like

Suri.Sravan Kumar (senior)     27 February 2010

if u fall under workmen catagory u can approach labour court for redressal of ur griviance. If u do not fall under workmen catagory u have to file civil suit for recovery of money as well as damages. if u r in Hyd u can contact me by email ssravankumar@yahoo.com

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     27 February 2010

I agree with Harbajan Singh Thukaral.


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