Salary claim from employee

Your employer might have a belief that after 3 years your claim shall get time barred.

Has the company supplied any reply? Has the company supplied you FNF statement, work experience/ service certificate, relieving letter?

As you have supplied sufficient requests, appeals, reminders  on record you may now arrange to supply final communication addressed to MD, Chairman, Company Secretary, appointing authority narrating all previous representations mentioning date, name, designation, dept, address of company official{s} to whom you have represented and call upon to supply you the pending payment by bank DD, and thru redg. post only at your address { give full address with pin code and landmark}so as to reach you say…….. in next 15 days, and mention that you are enclosing postage prepaid { as purchased from PO} self addressed envelope is enclosed with your letter. You may mention that due to non payment to you have been facing acute financial hardships and had company paid you your dues in time you would have not faced financial hardships and worth your money would have increased as you could have put your money in good instruments.

You may make a mention about entries into Form 16 and PF account and indicate that although the amounts have been updated by company but have not been paid by you.

You may take up the matter with local IT office at your location. Company must have added the wages in its expenses and accounts without actually realizing the payments.

A smart lawyer can trap the company.  

You may highlight your achievements, contributions, revenues, profits generated by you, improvement in ranking and leadership of the company in territory assigned to you, discipline, integrity { state facts only}  demonstrated by you, and labor you have put in for the company and company should have paid you the dues in time, etc.

You may mention that if company has ever attempted to supply you the instrument of Payment Company should supply you the certified proof of both dispatch and delivery.

You may request the good offices to allow you to examine your personnel file maintained at head office of the company on a date………….{ mention either date or mention mutually convenient date or to inform you the date}and supply you the reply on this by redg. post only. Some shrude, cunning company personnel might have inserted some communication in your personnel file e.g. cheque was sent but was returned undelivered etc..

You may issue one last reminder after this representation setting the date for payment to be supplied to you by bank DD thru redg. post.

If no relief is granted to you may approach a competent and experienced labor consultant, service lawyer and issue a legal notice.

Your lawyer would be able to examine your profile and suggest you the appropriate forum to agitate.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you may be violation of standing orders of the company.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

As per Industrial Employment standing orders Act the wages should be paid and service certificate issued by last day in office or within 2 days. You may also look into SE Act applicable to your state.

You may seek the counsel of a competent and experienced labor consultant/service lawyer, show all docs and give inputs in person. 

However you may clarify if you have violated any condition of employment e.g. service agreement, Non disclosure, non competence clause, abscondment, service of notice of resignation, submission of company property, handing over the charge, exit formalities etc or was there any dispute.

Dear Lawyer club of India,

 this is rupesh kumar, sir i have working in  a small firm private organisation as a help desk engg. sir i hav'nt get my salary from last 2 months.. and ealier i used to get my salary very late.  Company management always comite date to me that you will get the salary at this date that date but unable to fullfill the commiment all time.. nw i am in really very urgent need of the money what to do now.  please guide me..

@ Prateek,

Please always start a new thread.

The small company may be facing a situation which may be controllable and if yes employees may cooperate and help the employer. Or the situation may  go out of control and company  may not be in a position to pay. You may apply your judgment.

Has the company been defaulting on the payment of its vendors too? Is it contemplating of closing down or is it on the verge of bankruptcy?

Start hunting for another job and firm up your next venture as ap.

Try your level best and cajole the employer to pay you an amount says 1 month salary immediately. Attempt to collect as much as possible.

The employer is not paying wages and has become unworthy of being employed with.

As you are facing acute financial hardships you may submit a gentle representation in writing under acknowledgment addressed to good offices of your appointing authority, MD, Company Secretary narrating the delay in salary, non payment of salary { month wise mentioning actual date of payment}and request to pay you due wages immediately and highlight the hardships being faced by you, and thus build some favorable record.

Let elders in the family, competent and experienced well wishers, lawyer/law firm draft and structure your representation to good offices to suit you in the long run.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.

As per the enactments wages should be paid by 7^th/10^th of next month.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you may be violation of standing orders of the company.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

You may seek the counsel of a competent and experienced labor consultant/service lawyer, show all docs and give inputs in person.