ran bhadur (owner) 11 October 2013

Salary & increment not paid since almost 2 year

I JOINED A PVT LTD FIRM IN DEC-2008,AS PROJECT ENGINEER AT SALARY OF RS 10000/PM. IN THE MONTH OF APR-2010. MANAGING DIRECTOR CALLED ME & INFORMED ME ABOUT MY SAL HIKED TO 18000/PM .BUT REQESTED ME NOT TO DISCLOSE THIS WITH ANY BODY & HE WILL PAY THIS AMOUNT IN LUMSUM TO ME AT THE YEAR END . ACCORDINGLY WHEN IN APR --2011 ,I ASKED HIM OVER PHONE ABOUT MY INCREMENT ,HE DENIED .BUT WHEN I CONTACTED HIM PESONALLY , HE ASSURED ME THAT HE WILL FULLFILL HIS COMMITMENT ,BUT RIGHT NOW HE IS IN FINANCIAL PROBLEM . DUE TO FINANCIAL PROBLEM, COMPANY WAS NOT PAYING SALARY PROMPTLY. SO IN JULY-2011, I CASULALY ASKED HIM ,WHETHER HE REQUIRED MY SERVICES OR NOT ?? HE TOLD ME YES HE WANT MY SERVICES… DAY BY DAY MY SALRY & INCREMENT AMT IS INCREASING, & I AM GEETIING WORRIED SO DESPITE SO MANY TIMES I MET HIM PESONALLY , SMS , EMAILED HIM ABOUT , BULGING OUTSTANDING AMT .. … ALL THE TIME HE ASSURED ME THAT HE WILL MAKE MY COMLETE PAYMENT PL WAIT FOR SOME MORE TIME…TILL THIS MOMENT MY SALARY WAS PENDING FOR ALMOST ONE & HALF YEAR PLUS MY INCREMENT FOR 41 MONTHS TOTALLING TO NEARLLY RS 5 LAC. IN SEPT -2013 , I WROTE SOME WHAT HARSH LETTER TO HIM . TO MY SURPRISE ,HE REPIED WITH SOME WHAT STRANGE THING ,SAYING THAT , I WAS WITH HIS ORGANISATION TILL JULY-2011 ONLY,AS HE PERMIITEED ME , (ORALLY) , TO JOIN ANOTHER ORGANISATION THAT TIME ONLY . BUT THE FACT IS AFTER JULY -2011 , WE MET SEVERAL TIMES ,BUT HE NEVER DISCUSSED ABOUT THIS , I WAS REGULERLY GOING TO OFFFICE , DOING MY JOBS AS I USED TO DO IN THE PAST . I USED TO SIGN MUSTER ALSO , BUT LATER ON, HE CHANGED THE MUSTER ALSO , I HAVE PHOTOCOPY OF A OLD MUSTER WITH ME . I DON’T HAVE ANY THING IN WRITING WITH ME ABOUT INCREMENT BUT I HAVE AUDIO RECORDING WITH ME WHERE HE IS ASSSURING ME , THAT HE WILL FULLFILL HIS COMMITMENT . PL LET US KNOW WHAT SHALL I DO ????

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Kumar Doab (FIN) 11 October 2013

Approach competent and experienced labor consultant/service lawyer as ap.

You have posted that:

“TILL THIS MOMENT MY SALARY WAS PENDING FOR ALMOST ONE & HALF YEAR PLUS MY INCREMENT FOR 41 MONTHS TOTALLING TO NEARLLY RS 5 LAC.”

Should an employee work for 1.5 years without wages?????

Employees should not work if wages of the month are not paid on fixed date…………………………..!!!

“I HAVE PHOTOCOPY OF A OLD MUSTER WITH ME .” “I HAVE AUDIO RECORDING WITH ME WHERE HE IS ASSSURING ME , THAT HE WILL FULLFILL HIS COMMITMENT’

Did the employer issue appointment letter, provide for PF-PF a/c slips,ESIC, Group Insurance, Form 16, issue pay slip………………?

PF, ESIC, Gratuity are social security tools and employer is under obligation to comply or face penalty, punishment including imprisonment.

Employer is under obligation to issue pay slip and get it signed from employee.
Employer can be penalized for Non Payment of wages on prescribed time and penalty for one instance can e Rs.7500/………………
Non payment of wages by employer renders employer as unworthy of being employed with.

The employer is under legal obligation to keep
formats/forms/registers/records/service card as prescribed I labor laws including Shops and Commercial Establishments Act…………………………..

Trade unions are sensitive to such matters. Be a member of trade unions. They know the precise manner to drills sense into the heads.
The lawyers are well versed in labor/criminal laws. Legal notice can drill sense into the heads.
Unpaid wages can be claimed as debt on employer………………….

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

There are threads to indicate that employees have been contemplating to approach police to lodge criminal complaint u/s 406,420…………………………….

Employee can approach:

>> Inspector under Shops and Commercial Establishments Act of the State…………

>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

(You may have to get the delay condoned)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

13A. Maintenance of registers and records: 1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.

>> RPFC in o/o PF Commissioner

>> Inspector in Local/jurisdictional ESIC office………….

B.Ramakrishnan (proprietor) 12 October 2013

issue legal notice by narrating all the leading facts and the same should contain the circumstances under which u have worked for 2 years without receiving the reasonable salary and u can state in the said notice that the civil and criminal action would be taken in time if the employer fails to adhere to the contentious issues raised in the legal notice and the audio recording which is in your custody is useful for substantiate ur case criminally and on receipt of reply,if your employer sends, then only the future course of action will be dealtwith.