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Smruti (Sales executive)     05 January 2010

offer letter not issued and salary not paid

If offer letter not issued to a Sales Professional, including salary paid but without any deductions. The company is a Pvt Ltd. firm into a packaging industry (Manufacturers with a license to run a factory).  Even after lot of reminders and request, they just ignored and later the salary not paid and again terminated from service without notice. Could this case have any protection under Labour and industrial laws. Please suggest how to proceed for recovery of salary and dues.

Regards

Smruti



 3 Replies


(Guest)

(1) It is fit case for filing of a Civil Suit for recovery of money (salary) alongwith with a separate petition for appointment of advocate commissioner by the Court to inspect the accounts of the Private limited company and seek Report. The advocate commissioner can make enquiries from the co-employees who are working in the company and treat them as witnesses and also find out the general procedure about issuance of offer letter and mode of payment of salaries to them and accounting them in the Books of A/c. But this will involve some expense such as Court Fees for the money claimed.

(2) Under labour laws, you may approach the Commissioner of Labour and give a complaint against the company for non-payment of salary.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 January 2010

I do agree with Rao.

sitalakshmi (customer service Executive)     25 March 2010

Was working with shipping forwarding agent since June 2005. I have not been giving any appointment letter or confirmation letter till date. Now the management has started a new name closing the previous name and all the staff has been shifted to new company 2 months back.

I have worked for 4 years and 10 months in previous company. Due to lot of work pressure i have resigned from the company.  What to know am i eligible for gratuity. My employer says that he will not give my salary for March and he will not sign my PF paper. Can u please suggest what should i do????

This is the only saving which i have worked for last 5 years. please help me out 


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