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Eccentric_Floydian (student)     18 November 2011

Salary not paid

Hi all, I got appointed as a Service Co-Ordinator at iWorld Business Solutions, Ansal Plaza, Delhi. I got appointed through offer letter. I was on probation for 6 months. I worked from 26-7-11 to 2-9-11. They just paid me for my services from 26-7-11 to 1-8-11 and i have not recieved any salary for 1-8-11 to 2-9-11. I resigned on 28-8-11 and waited for almost 5 days for response to my resignation letter but they didn't responded. After that i've been continuously sending them mails and calls but first they said it will take 30-45 days for clearance of dues but now they have stop responding to any of my mails. I need my salary urgently and this is very depressing for me. Please help me out what to do now??



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2011

Dear Kuber

send a legal notice to your employer through a lawyer

feel free to call

1 Like

AVINASH PANDEY (ADVOCATE)     19 November 2011

dear friend,

don't warry. send your employer a  written notice, either yoursself or through a lawyer, and if your employer do not pay then file a case before priscribe authority under payment of Wages Act (Assistant or Deputy Labour Commissioner) for your area) u may get not only your salary but compansation up to 10 times of  the acctual dues. we are with you. if u need any more assitance plz. don't hesitate. proforma for sending notice and for filing your case will be sent, if u require it.

thanks

1 Like

Kumar Doab (FIN)     19 November 2011

What is the notice period in your company? Did you submit notice of resignation?

You have posted that you joined on the strength of offer letter issued to you. Did you submit acceptance of offer letter? Is it mentioned in your offer letter that appointment letter shall be issued to you upon submitting  acceptance of offer letter and upon joining duties?

In your future ventures insist upon your employer to issue you appointment letter, and obtain employee rules, leave rules, certified standing orders….

1 Like

Eccentric_Floydian (student)     19 November 2011

As i was on probation so i don't think there is any notice period for me. I submitted my resignation directly and served 5 more days but they didn't responded. They issues me a offer letter and i accepted it on E-Mail only. When i asked for appointment letter they said they'll issue after my probation. It is written on offer letter that they'll give me appointment letter after joining my duties, but they didn't gave me any.

Kumar Doab (FIN)     20 November 2011

Kindly consult your elders in the family, competent and experienced well wishers, lawyer/law firm.

You may, submit a gentle communication/notice by registered post/followed by email, addressed to good offices of your appointing authority, MD/CEO, Head-HR, Company Secretary:

-quote reference of each representation by email/letter/phone call made by you (with its date, time phone numbers), and mention that Mr/Ms...........designation/department, office address, office phone numbers have been stating that payment of your wages, and other service documents  shall be supplied in coming 7 days, by registered post but have not supplied, despite that the fact that you have been clamoring to get these.

-and demand that company should supply you by registered post say within next 7 days, acknowledgment and acceptance of your resignation, FNF statement, settlement of your a/c and payment of your salary and other dues, PF number and PF accumulation report, PF withdrawal/transfer forms, work experience/service certificate, relieving certificate, form 16 etc.

You may mention that:

-although in the offer letter dated...........supplied to you on by email dated..........was duly accepted by you by email dated................., it was stated by company that appointment letter shall be issued to you after you joining duties however despite your regular representations in person no appointment letter or any other document containing rules, terms and conditions was supplied to you.

-and even after you have supplied and submitted your resignation dated.......on dated..............and having worked for ........days after submission of resignation company has not supplied you the salary and earned wages till dated............( your last day in the office) while company should have settled your a/c and supplied you, your dues within ( 2nd date from your submission of resignation).

- and that you are facing financial hardship and your future ventures/employability is getting affected, and this is causing you stress and anxiety.

-and that, you shall be constrained to lodge your grievance, with concerned lawful authority, at the cost and consequences of the company if with in next 7 days your dues are not supplied to you.

In all probabilities companies is deducting notice pay. However you should maintain a stand that no detailed terms and conditions/appointment letter was ever supplied to you.

Hope you have submitted the company property ( if any) and has obtained the acknowledgment.

If this does not work in your favor you may lodge a complaint with o/o labor commissioner, or issue legal notice from your lawyer.

1 Like

Eccentric_Floydian (student)     26 November 2011

Hey thanks Kumar Doab, that post of yours was really helpful for me. I have send a gentle communication letter demanding that they should clear my dues in 7 days through a regd. post myself without any lawyer. I want to know one thing, what should be my next step if they do not respond to this letter within 7 days. What are the cost of getting a lawyer for my case??

Kumar Doab (FIN)     28 November 2011

If you deem it fit, you may issue a reminder mentioning NOTICE on the top/in the subject line Reminder Number 1 and mention that:

-each communication that you supply in person, by phone/ email/letter/courier/redg or speed post, does not come free to you and costs you, your hard earned monies, and precious business and personal hours and .each reminder/representation by you at the cost and consequences of the employer. You may narrate the expenses incurred so far e.g. typing charges, email/internet/courier/Photostat etc. and traveling to typist etc charges, and even may enclose the copy of bills. You may announce the cost of time spent by you.

You may mention that do not intend to waste your's and employers money

-you shall be constrained to approach your lawyer for legal consultation cost of which  shall have to be born by employer in actuals. You may mention the tentative cost. You may mention that if the company wants company may inform you in writing by redg post that the lawyers bill shall have to be produced by you and all lawyers have their own fee and you shall choose to approach the very best whatever may be his/her fee.

Employer shall have to pay you lawyer fee for issuing legal notice, legal consultation (as many you may require) and case fee and all case related fee e.g. typing, copies, filing etc whatsoever/ whichsoever, and in addition to it time spent by you for and with lawyer and courts. You may announce the cost of your time.

-you may mention that the litigation shall set both the parties back with monetary loss, and shall cause mental tension, agony, harassment, financial loss etc...And you shall ask the employer to compensate you for this @ decided by you and your decision shall be final and binding.

-that employer is willfully and intentionally harassing you and you may charge the concerned personnel in their professional and individual capacity and employer/promoters shall have to verify and wet the actions/deeds of the concerned personnel.

-that company shall supply reply and all communications by registered post and payment by bank DD thru redg post only and if the company states so in writing you are willing to supply self addressed postage pre paid envelopes to company.

 You may narrate the cases of other employees who have suffered at the hands of this employer and may mention that this employer seems to be a habitual offender.

The idea is to shame and tame them.

You have the option of approaching the o/o labor commissioner/wages inspector. if you do not send a lawyer company can also not send a lawyer. However it shall be better to approach your labor consultant/lawyer/law firm with all records/documents before you initiate an action. Although you may represent yourself but it shall be good if you represent under expert guidance.


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