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Amit Thakur (Self Employed)     19 October 2015

Non payment of salary by employer

Hi,

I am from Mohali, previously I was working with an organization in Mohali. I have served the 30 days prior resignation notice to organisation as per my appointment letter, after releiving I have submitted all the credentials of projects and when I asked for my salary and my Upwork ID (which I have given to company only for company benifit and that ID is made before the joining to that oragnisation) they told me that you will get salary at the end of month when all employes will get. Now salary is transfered to all employes but not me, when I ask for salary they said we will transfer today/tommorow. Now they are asking me to give your ID proofs then we will give your salary only not Id.

Same happens with my coluge we have served the same notice period and mentioned that please release our Upwork ID and our dues in resignation notice. Tey have not cleared any documents, dues and Upwork Id. And also the organistion is not a registered firm.

Documents I have:

1.) Appointment Letter.

2.) ID Card of Organisation.

3.) Increment Letters.

4.) Salary Statement.

 

Please guide me, What can I do



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 October 2015

Sir,

 

Send a legal notice claiming your salary as well as compensation for the harrsment caused.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Sumit Nandvani (Advocate)     19 October 2015

Yes, please send them a legal notice u/s 25 F . For more query plz call me 8826550368.

Kumar Doab (FIN)     19 October 2015

All affected employees may join hands and stand as witness to each other.

First of all determine what is this establishment/Div-Dept where employee is working............ registered and covered as: Commercial/Industrial?
 

Also determine the person is covered by the def. of 'Employee' as in Punjab Shops & Estbs Act.....................'Workman' as in ID Act..................or as under Min.Wages Act etc............... Payment of Wages Act etc......

 

and then approach Inspector appointed under these Acts

Higher officials of Dept of Labor e.g ALC/DLC

 

 

The payment of wages/emoluments etc is promised amount and non or delayed payment is breach of trust as well...............and employee can lodge complaint the moment payment is delayed even if by a day and employer can be penalized per instance as provided for in various enactments applicable to employer/establishment/employee...........

 


Unpaid wages/emoluments is debt on employer and employees are known to file complaints u/s 406,420.................winding up petitions............

 

There are many employee's unions/Trade Unions in Punjab that can also take up with employer and extract all pending dues.

 

There are many threads on similar query that you can search in 'Search Option' e.g;

 

 

 

 

Amit Thakur (Self Employed)     19 October 2015

Thanks for your reply. How can I send the notice, I mean what is the procedure to send the notice and can you please let me know how much time it will take (whole procedure).

Kumar Doab (FIN)     20 October 2015

Legal notice is sent by a lawyer.

You may consult an able labor Law Consultant/Service Matters Lawyer/Law Firm.

You can access good counsels in Chandigarh/Mohali.

Yashwant Sharma   29 November 2015

Hello , 

I am a resident of Mumbai .I was working with a corporate company .

The company is totally about sales in share market . Well , The problem arised here.

I have joined to the company on 20 October , they provided training for 8 days . Earlier , they told that the candidate who will pass the certification only they will be paid for training.

I was terminated on 25th November , as with out prior informing them. I had took leaves on 21 , 23 & 24 . On 25 i went with all the letters provided by my family doctor .

Company denied to accept any letters . Not even listening to my reason , they told me that you are terminated and asked to leave the office.

When i asked them to provide me a termination letter because i was working there from 20 October and they had not yet provided me the joining Letter .They told , they will provide it after a week but nothing from there end.

Also , They have not paid any for the duration (20 October to 20 November) . When I asked them on 7 November for salary . They told , as you are new you will receive the salary in next month .

So , Finally I want to teach them a lesson . As from the starting for Offer Letter , Salary and Termination Letter .... Nothing from there end . But I had provided my one and half month , Please help me . So that in a way , I could teach them some lesson . 

As this was all planned from the starting only , So they could earlier dis or straight away ignore me in the interviews ....

Please help me ... So that will atleast , make them realise ,"What can a common individual can go to ??" 

    

Kumar Doab (FIN)     01 December 2015

@ Yashwant,

It is felt that this query has been discussed.


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