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Dimple (xyz)     06 November 2014

Salary not paid by employer

Dear Experts

I was working with a Delhi based firm in GK- II . It is an ERP service provider . I worked there for 2.5 yrs ( from 21st Nov , 2011 to 11th March , 2014) . I left the job on 11th March , 2014 giving a month notice period on 11th Feb , 2014. When I left in  March 2014 ,  my 3 months salary was pending . I started mailing for my pending salary as i was in urgent need of money . After sometime my one month salary was cleared . I again mailed them to clear my remaining salary giving the reason of my marriage but they didn't cleared it . It has been now 8 months my salary is still pending . I've mailed them so many times , also called them and the answer which i got is they will pay . In last 2 or 3 mails just now accountant has replied about the amount pending but i don't know from the leaves policy has come now so they have now again hold back it giving the reason that leaves have not  been calculated . 

Please suggest what should I do now because 8 months have already passed .

Waiting for your reply 



Learning

 6 Replies

Kumar Doab (FIN)     06 November 2014

The employer had sufficient time during notice period to calculate everything including EL as perprevailing leave policy.

Everyone including this accountant is making a pass on you.

Leave policy can be superior to provisions in Delhi Shops and Commercial Establishments Act, but can't be inferior.

You should demand from appointing authority, MD,  to supply you the correct FnF statement by Redg. Post and payment of FnF wages by bank DD, Form 16 as per correct FnF statement, PF number, PF A/V slips of all years, ESICcard, Service Certificate, Relieving letter by Redg. Post so as to reach you in say within next 7 days...

 

You can lodge complaint with:

Employer's Unions

Trade Unions

Inspector appointed under Payment of Wages Act,Delhi Shops and Commercial Establishment Act,

OO/o Labor Commissioner

 

RPFC

ESIC office

Your lawyer may opine that you can lodge criminal complaint u/s 406,420

winding up petition

 

Dimple (xyz)     06 November 2014

Dear Mr. Kumar Doab

 

Thank you so much for your reply but I've talked to everyone from accountant of the the head of the company . My marriage is in Nov but I asked them on early basis because i knew that they will take time to clear it so i told them my marriage was in july 2014 . In every mail of mine i asked to clear by giving some reasons or other like i've to pay back to the borrowers but the situation remains the same . In my appointment letter nothing of this sort is mentioned that salary will be deducted on taking the leaves during the year.

As far as the all the documents are concerned i've got all of them on the last day of my job.

I've also mailed them the bifurcation of my pending salary i.e half pending salary of Feb 2014 and 11 days of March 2014 . I cannot go office also now because as per my mails i am married but actually my marriage is in nov end.

Now please suggest me what should i do ..

Kumar Doab (FIN)     06 November 2014

You are married or to be married has nothing to do with the payment of unpaid wages.

Unpaid wages is debt on employer.

 

If you are unable to handle on your own entrust to your lawyer.

Sudhir Kumar, Advocate (Advocate)     08 November 2014

agreed with Mr Kumar Doab.

Dimple (xyz)     08 November 2014

I've trying to handle on my own since last 8 months but it's getting really tough for me now . they dont pick up the call or reply to my mails ..

Please tell me the procedure and expenses involved in it and how much time will it take to settle down 

Should I go and meet them personally first ??

Pls suggest

Kumar Doab (FIN)     08 November 2014

The leave eligibility is duly stated in Delhi Shops & Commercial Establishment Act. Go thru the Act. Relate leave policy of the company as on date of leave/last day I'm office/new as claimed by accountant and check what is suitable. The company can not provide less than it but can provide superior benefits. If the new accountant has replied by email, you may submit on the same email trail (or narrate the minutes of discussed and give references of al calls/emails /visits ) to appointing authority,MD with cc to accountant to supply you by Redg post the correct FnF statement for verification and acceptance by you, FnF dues by bank DD,Form16 as per correct FnF statement, PF number and A/c slips,ESIC card, Service Certificate,Relieving letter...... within say 7 days. You may also mention that you have served the nnotice period and following doc's have been supplied to you and following has not been supplied and you have been clamoring to get these..... You can visit but try to obtain appointment in writing or record(audio/visual ).Do your homework before visit. Record the meeting and submit minutes. If nothing works the options have already been explained.

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