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Non payment of salary for 8 month

Hello Sir,


My Company (Andhra Cements Limited) Location :- Visakhapatnam is not paying the salary on time for the past one year. at present we are not received the salaries starting from august'10, ie. on the 1st of July'10 our dues will be of EIGHT MONTHS.

Apart from that Business Promotion,LTA Reimursements,Gratuity and P.F are also due.


under these circumstances,employees are leaving one after the other.


Q- Now my question is,under these circumstances,can the company forces me to come to the office for another 3 month (notice period) without being paid or they have to release me immediately if I ask for it ?

Can they legally deduct money from my dues on the ground of shortfall of notice period ?


please help me at the earliest.



Kishan kumar Kukreja

Email :-



 3 Replies

Kumar Doab (FIN)     13 August 2011

Company can claim notice pay, for the shortfall in notice period. Company can waive off the notice period and notice pay also.

Kindly arrange to give a joint representation by all employees ( or as much as possible) to the Appointing authority, MD/CEO,HR Head, Company Secretary, in person, immediately, followed by a gentle written representation requesting to disburse all the unpaid wages, reimbursements, statutory benefits, within say 7 days.

You should visit the local o/o Labor Commissioner, as ap, and wage inspector, and narrate your grievance and submit a written representation.

Is your company posting losses? Has your company filed for bankruptcy etc? Why the company is sitting on disbursements, knowing fully that company can be penalized?

For gratuity you can submit representation to statutory authority and for PF you can lodge a complaint with o/o PF commissioner. They are liable to act immediately after assigning you the complaint number.

If your wages are not paid for 8 months you can express that you are not able to bear with financial hardships any more and company should wave off the notice period clause in your appointment letter. Company would reduce it liability by shortfall in notice period and shall not pay any interest or damages on delayed payments on its own.

Other alternate is that you can gently express your concern and obtain waiver of notice period in principle and once relieved with waver you can peruse to get your dues.


V. VASUDEVAN (LEGAL COUNSEL)     13 August 2011

What are the reasons the COmpany has given. Have they given any communication - owing to loss or financial crunch - have they informed the labour department of these defaults. Detailed information would help providing appropriate guidance from the forum members


jagadish paranjape (Advocate)     15 August 2011

If the company has not paid wages for last number of months,the same can be recovered by filing case u/s 33(c)(2),before the labour court in your area.Complaint of unfair labour practice can also be made to Labour commissioner.The company can not deny wages for the period worked,irrespective of their financial position.As far as the question of resignation is concerned, if the company wishes that you should continue to serve for notice period,and you leave immediately,company can deduct the wages for notice period from legal dues(no deduction is permissible from gratuity and provident fund).But even in that case you shall be entitled to your salary for notice period,during which you have worked.The companies engage in such practices so that out of panic many employees leave employment and strength comes down to those limits where permission from Appropriate Govt. is nor required for retrenchment or closure.

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