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Ammie (Marketing Manager)     04 April 2016

Salary not been paid

Dear All,

I was appointed with offer letter for a light company on october and i worked day in and day out even on sundays and holidays as there was an exhibition in 12 days and nothing even the stall design was pending. However after the exhibition most of the juniors under me resigned, so the work became more and i handled the clients which we were verge of lossing.After a month my MD asked me to resign as he didnt find my performance upto mark.However i proved him wrong with numbers and hard work. Later he agreed he wasnt able to afford me hence wanted me to resign. Now its been 3 months my part of November,entire december and mid jan salary is pending. Initially he said it will be done, now he wants me to take out payment from a client i was handling. I have ran out of funds and really need my salary as i have worked pretty hard and i deserve it. What should i do? I ahve everything in mails and even they had deducted my pf however didnt open any account.



Learning

 5 Replies

Chirag   04 April 2016

Sir court has already passed interim amount....even after interim she is asking for more money

Kumar Doab (FIN)     04 April 2016

@ Ammie,

Have you resigned?

If yes then did you submit notice of resignation or resignation with immediate effect?

What is the notice period applicable in your case?

You were issued offer letter or appointment letter?

Was any salary paid to you and salary slip issued?

 

What was your designation and nature of duties?

You were in which state?

You have worked for how long?

 

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Ammie (Marketing Manager)     05 April 2016

@Kumar 

Yes have resigned. Yes i did submit my resignation with immediate effect via email.

Notice period was 15days. I was issued both offer and appointment letter.

Yes one salary slip i have got where i was under paid as my 12 days later i had my biometric done they had assured i would get the same adjusted on december salary.

My designation was Sales Manager, and i was project head. I worked in Mumbai Maharashtra. I have worked for 3 months.

Ammie (Marketing Manager)     05 April 2016

@ Chiraj

Whom are you replying to ? i didnt get you.

Kumar Doab (FIN)     05 April 2016

Record the threats/demand of resignation (audio/visual/witnessed/minuted).

In subsequent communications mention that you resigned since you were told that employer shall terminate you for reasons...............................(can't pay the wages etc), and wages for the months of .................were not paid and are unpaid tioll date, and conclude that notice paeriod has lost its sanctitiy due to breach by employer,  and highlight your contributions and also that you weere asked to work on off days, since manpower was short etc. 

The stock was billed and supplied to client and client is to pay not employee.

Hope you have not signed any document that you are responsible for the payment.

Demand salary slips of each month, Pf number, Pf a/c slips issued by EPFO, acceptance of resignation, FnF statement,FnF wages,Form16, servcie certificate, relieving letter, NOC/NDC  etc.....

The above are suggestions only and you may take help of employee's/trade union leaders, labor Law consultant to draft your representations.

 

If you are covered by the def. of 'Employee' as In Bombay Shops & Estbs Act, 'Workman' as in ID Act then you may approach:

 

Inspector appointed under  Bombay Shops & Estbs Act, Payment of wages Act,O/o Labor Commissioner

Dept. of Labor (DLC) Maharashtra have option of PAMS, PULP, etc

Your counsels may opine that you can lodge complaint u/s 406,420, winding up petition, Civil suit for recovery/damages, etc 

 

  

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