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Himanshu   02 February 2018

Non payment of salary by company

I am Himanshu sangani, resident of Ahmadabad. 
I was appointed by a company based in Mumbai, namely M/s. Ruby Traders & Exporters Ltd, B-201, Raheja Plaza I, Diagonally Opp. to R-City Mall, L.B.S. Marg, Ghatkopar West, Mumbai 400 086. for Gujarat Region as a sales man. 
 
I am attaching the appointment letter for your ready reference. 
 
I joined the company in the month of Feb 2017. I was paid the salary for the working day of Feb 17 in the month of March. 
 
After that, i worked till June 2017 but company did not paid any salary and conveyance (which was offered in the appointment letter) for these 4 months even after repeated reminders, request and phone calls/messages to the concern authorities. They simply kept on promising that they will pay the same ASAP ( i have chat record available and also emails are communicated in this matter). 
 
Two months back they called me for some settlement but after that the response is null. During my company tenure i have given two TV units on demo after necessary approval, and now they are linking that with my salary. I am willing to pay for those TV units which were given on demo but they are not committing any thing on my Dues. 
 
Kindly look in to the matter and guide me as to how to go legal against this matter. 
Rgds
Himanshu Sangnai


Learning

 5 Replies

RUPESH SHRIVASTAVA (Chief 09827932335)     02 February 2018

you can file case before labour court under payment of wages act..

Kumar Doab (FIN)     05 February 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     05 February 2018

Probably later the linking of demo set might be as per clause 12.

However as per your post, there was due approval.

Hope you have the copy.

 

Neverthless the company could have issued notice for adjustment and provided FnF sheet if IT wants to adjust the cost.

As per Annexure1 the monthly salary is mentioned so it should have been paid on monthly basis.

While you are posting you were appointed for Gujarat and are resident of Ahmedabad, your HQ is mentioned as Mumbai.

Do you have any communication that your HQ shall be at Ahmedabad?

Kishore99   09 January 2021

ood evening sir,my father Is working as a night watchman in sea bhavan ( steel executives association ) which is located in visakhapatnam, RINL steel plant, andhra pradesh..sea bhavan is registered as a welfare society and my father serving as a watchman from 2001..now they terminated my father job without any notice and gratuity sir.they are doing commercial activities such as marriages,birthdays functions and other business but my father is the only 1 watchman for that sea bhavan society sir,please tell me what are benifits my father can get sir..they didn't pay any gratuity for 20 years service and not paid 6 months salary sir..how can they do business activity by registered as welfare society sir..

Ritesh Maity (Labour Law Advocate)     12 January 2021

Your father is entitled to these under mentioned benefits:

1. Salary (approx 15 days salary per year for 20 years)

2. Outstanding wages (for which he has worked and not paid)

3. Leave encashment etc. if any

4. You may challenge his termination or may ask for retrenchment compensation (15 days salary/ per month for every completed years of service -this is not gratuity) if his service was illegally terminated.

You may consult a labour lawyer with documents (appointment letter, termination letter etc.) to decide the next course of action.

 

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