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shridhar (project manager)     20 December 2012

Not paying d dues

I had worked for pvt ltd for four and half months as project manager.i was in six months probation period.i had to leave company on 17th september.since very first month the salary was not paid on time.i had given resignation on mail but till date HR has not responded to it.the boss of the comapny gave me eight dates to clear my dues but still its pending.they are ignoring my calls,sms and no reply to any mails.my july payment was done on month of october and now there is one and half month salary due along with 9000/-rs travel allowence.they are just skipping their own words.i have sent them five mails,several calls/sms but all in vain.its been more than 90 working days for HR,but still she cant tell me the final date and amount due in total.i had also sent them all due-details twice.HR also had told me once that they would cut some payments.i had only two leaves in four and half month job.i had also worked on sundays.please suggest me what i can do asmy next step.m following them since three months.i need it urgently.its been long time.



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 1 Replies

Kumar Doab (FIN)     20 December 2012

 

The HR may also be in the same boat and may not be getting her salary like you and other employees. She won’t be in a position to give any amount and any date till the promoters give it to her.

Such matters are best resolved by applying exceptional levels of persuasion, persistence, negotiation, reasoning skills.

If you have some handle on the company and you can bring the good offices on negotiation table you may apply it and resolve the matter in your favor.

It is possible that your employer is not in the habit of paying the employees who have separated or in the habit of tiring the employee till he decides to better forget and give up the claim or is testing till how long you can persist or what exactly you do to shake and stir the employer so that he has no other option but pay you.

 

If you have resigned with immediate effect without tendering notice of Resignation Company may adjust notice pay in FNF statement/settlement.

What is the notice period/notice pay mentioned in your appointment letter, during probation period. During probation it should be 7 days or so.

 

It is better to submit resignation by letter under signature by hand.

It is always better to mention the reason of resignation in notice of resignation and final resignation. Has the company mentioned pay day in your appointment letter. It has to be by 10th of the subsequent month. IF employer has not been paying salary it is always better to submit gentle representations in writing under acknowledgment with a copy to self for personal file at home.

If employer is not paying wages employer is unworthy of being employed with and employee should build record like employer builds to level charges of misconduct on employee. A smart employee shall cite and prove misconduct on part of employer and keep record.

Why should an employee work with an employer who breaches the contract of employment by not paying wages on time??

Has the company been issuing salary slip also or not? Has the company recruited you on wages described in CTC sheet, if yes you are employed on remuneration by CTC and CTC is part of your employment contract.  

You may submit a carefully structured and drafted representation by letter thru redg post addressed to good offices of your appointing authority, Company Secretary, MD, Chairman, and narrate all representations made by you so far by phone, SMS, email {prepare a list, date wise with serial number and mention time, phone numbers, name/designation/dept/address of the company personnel to whom you have represented and brief minutes of discussion and also the cost of each representation}. You may also provide list of receipt of payment of salary of each month and the hardships faced by you. You may conclude that the company is now delaying payment of your FNF dues heavily and you are facing acute financial hardships……….

You may demand the good offices should supply  you the acknowledgment and acceptance of your resignation, correct FNF statement {with leave encashment, gratuity, bonus, etc.If gratuity is mentioned in your CTC sheet. …..} on letterhead of the company/prescribed stationary with logo and address of company under original seal and signature by hand of the competent employee of the company with his/her full name/designation/dept/address under his signature, FNF dues by bank DD only,form 16 as per correct FNF statement, PF number, PF account slips for whole service period, attested copies of PF withdrawal/transfer forms{ submit the forms under acknowledgment}as you shall submit these on your own to PF office, work experience/service certificate, relieving letter, NOC/NDC… etc. You may add that postage prepaid {as purchased from PO} self addressed envelope with postage stamps of Rs……affixed on it is enclosed for sending the reply, payment and documents, by redg. post to you and all communications be sent to you by redg. post only, so as to reach you say in next 7 days time.

All officials of the company are not empowered to sign on the letter head of the company and if company replies by letter some senior and competent official shall reply.

You may even try by seeking an appointment from good offices; however submit the minutes of discussion.

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act etc………as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

If nothing works it shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips, appointment letter, standing orders, service rule book, HR policy, exit policy, emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

Or you may have to agitate in civil court.

 

 

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