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Paramjeet singh   18 September 2017

Salary not paid

salary not received last two months , want to file civil suit against the co. please suggest the procedure



 5 Replies

Kumar Doab (FIN)     18 September 2017

1st thing ist; Write to good offices of appointing Authority, MD, Head-HR, Payroll under proper acknolwedgment, even if from personal email id..and request to supply the salary slips and salary. Mention previous representations.

Remain gentle and amiable.

Build irrefutable written record for future use and render the employer as unworthy of being employed with.

 

 

Kumar Doab (FIN)     18 September 2017

In case you are not covered by any of enactments that covers you as 'Workman' or 'Employee' and even by def,. of wages irrespective of being covered as 'Workman' or 'Employee' ..........

then civil courts are the remedy.

Otherwise there are other options as well.

Kumar Doab (FIN)     18 September 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? Are you under probation period or your service is confirmed in writing?

 

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?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

What is your monthly salary/wages?


(Guest)

are u a workman? if yes, then u have remedy under industrial disputes act!

if ur not a workman but are working in supervisory capacity then file a recovery suit for outstanding salary payments before civil court u/ Sec. 9 civil procedure code 

Kumar Doab (FIN)     27 September 2017

If you post reply pointwise to all points, further discussion may get you more inputs.


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