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Sohini Bandyopadhyay   25 July 2017

Salary and full and final settlement not paid

Dear All,

I was associated with an organization in Mulund (W), Mumbai as a Sr. HR & Admin Executive. I have resigned from my job and have completed my notice period and handover. I have received my Relieving Letter as well. But my ex-employer is not paying my salary for the month of June 2017 and also for the notice period. After repeated mails and follow ups they once said that the organization is facing financial constraint and hence it is not able to pay. While salary for current employees are duly paid. They said they will pay when then will be able to pay. After this they have again got non-responsive. I have been mailing them for past 15 days or more. Kindly suggest what should be done now. They are registered unde Bombay Shops and Establishment Act and Provident Fund as well.   



Learning

 9 Replies


(Guest)

madam, do serve a legal notice.

Kumar Doab (FIN)     25 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     25 July 2017

As a Sr. HR & Admin Executive, you might have performed some duties on record that may or may not cover you as 'Workman' as in ID Act, 'Employee' as in Bombay Shops and Estbs Act.....

 

Kumar Doab (FIN)     25 July 2017

You may check if If you can be  covered by def. of wages as in Payment of Wages 

This Act does not discriminate between 'Workman', 'Non Workman' ...........

 

Or you can approach Civil Courts....

You can seek help and support of Employee's/Trade unions that have been traditionalyy ben active in Maharashtra.

State of Maharashtra also had scope for informal discussion between employer-employee.

Check with DLC in jurisdictional labor office...

Legal Notice at times in some cases can help to prevail the sense.

 

 

 

Kumar Doab (FIN)     25 July 2017

Record the calls during which unprofessional and irresponsible statements are made...........as posted to you.

Respond in writing that salalry of all existing employees is paid and yor FnF payouts should also be paid without delay...

If you are unable to resolve on your own take help of a local senior very able local counsel specializing in labor/service matters................

Check at local Labor curt/CGIT, Civil Courts for such counsels.....


(Guest)
Originally posted by : Kumar Doab
While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 

Unable to understand, how the above said information, if supplied can be used to help the employee to get his salary for the month of June 2017 & F&F?

 


 

Kumar Doab (FIN)     27 July 2017

Originally posted by : JIGYASU



Originally posted by : Kumar Doab



While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 





 

Unable to understood, how the above said information, if supplied can be used to help the employee to get his salary for the month of June 2017 & F&F?

 


 

 

Unable to respond to inability to understand.


(Guest)
Originally posted by : Kumar Doab
Originally posted by : JIGYASU

Originally posted by : Kumar Doab

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


Unable to understood, how the above said information, if supplied can be used to help the employee to get his salary for the month of June 2017 & F&F?

 

Unable to respond to inability to understand.

 

Inability to respond not understood, if asked for some specific purpose to help the person. I was expecting a reply of an expert, you.

 

Kumar Doab (FIN)     02 August 2017

Originally posted by : JIGYASU



Originally posted by : Kumar Doab



Originally posted by : JIGYASU

Originally posted by : Kumar Doab

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


Unable to understood, how the above said information, if supplied can be used to help the employee to get his salary for the month of June 2017 & F&F?

 

Unable to respond to inability to understand.





 

Inability to respond not understood, if asked for some specific purpose to help the person. I was expecting a reply of an expert, you.

 

 

Another daily nuisance,sarcasm, abuse at LCI, despite the fact that  IT has been and wants to live on knowledge of others!.

 

 


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