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Kumar...... (occupation )     09 June 2013

Salary not payed

i got job in a software firm in bangalore in the month of Jan -2013, during my stay in the company i understood the company is not financially sound , the working conditions were really horrible. the situation was so worse that i never got help from anybody in the company in delivering the work assigned to me,when i asked my manager for help he said, go ask someone. finally he only escaleted the matter to HR and the HR asked me to resign from the company or else i will be terminated in the month of April - 2013. so i agreed to resign from the company agreed that the company will pay 1 month advance salary. at the time of resignation the company HR has given an acceptance letter of my resignation stating that my full and final settlement will be given very soon. till date i have not received my april month salary or final settlement amount. whenever i ask the HR they say cheque is not cleared from accounts and the accounts person says he has not received any instruction from hr regarding my settlement. pls advice what to do now with these kind of companies ? i worked in the company for about 4 months

i have resignation acceptance letter from the company in which it is clearly mentioned that i will get my full and final settlement very soon. i would have left the matter easily if the amount is less, but the amount is around 2 lakhs.



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 5 Replies

Kumar Doab (FIN)     09 June 2013

Probably the company has not paid you for a single month. You worked without payment of wages for 4 months. You are at fault.

 Demanding/Extracting resignation by force/coercion/intimidation/pressure in office is offence. Forced resignation may be termed deemed termination.

Did you submit notice of resignation or resignation with immediate effect?

Did you mention the non payment of wages as a reason for leaving the company?

Has the company stated in writing that it shall accept the notice of resignation with immediate effect and it shall tender notice pay?

Has the company issued appointment letter, salary slips to you?

HR has given an acceptance letter of my resignation stating that my full and final settlement will be given very soon.” This statement does not imply that notice pay shall be tendered by the company or that notice period/pay is waived off.

The company is under obligation to supply you the acknowledgment of notice of resignation/acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, PF number/account slips for whole tenure of service, salary slips, NDC, acknowledgment of handover of charge/company property if any…………..etc

Employee should maintain from beginning that all document and payment by bank DD only be supplied by redg. post only. Employee may add that postage prepaid, self addressed envelope is attached for sending redg. post to him.

You should submit a representation to appointing authority, MD, Chairman, Company Secretary……… by redg. post and cover all statements made by everyone in HR, accounts (mention names) and demand to supply you all docs and payment by bank DD only so as to reach you by redg. post in next……………days.

 

the accounts person says he has not received any instruction from hr regarding my settlement.

 

Record such transactions (audio/Visual) and charge these HR personnel by name. These HR personnel have stated in writing that they shall process the FNF statement/settlement and these personnel demanded resignation in office.

 

There are threads suggesting employees have lodged criminal complaints under section 406,420…………..and that unpaid wages can be treated as debt on employer.

There are many threads with similar queries at LCI and you may find them relevant, e.g;

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.UbR1COeAqWM

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

It is entirely your choice to remain docile, gentle and wait for the things to happen for you or become pro active and extract the dues.

The state of Karnataka had granted blanket exemption to IT/ITeS companies from the provisions of IESO Act/standing orders and later it had ended this blanket exemption and all companies were directed to submit draft standing orders by Dec12 for certification by Mar13.

Till then Model Standing Orders should apply.

Model Standing orders: 13.          Termination of employment.- (3)      Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

Day for payment of FNF dues is max. by usual pay day.

For Unpaid wages employee can approach trade unions, Lawyer/Law firm:

-------- o/o Labor commissioner,

-------Inspector under Karnataka Shops and Establishments Act: (IT/ITeS companies are covered under this Act). You may go thru: Section:18, 21, 22, 29, 34, 39………….

-------Inspector under  Payment of Wages Act which is applicable to all employees drawing wages as per definition of wages, up to Rs.18000/pm.

Section: 2. Definitions.-  

“3*[(vi) "wages" means …………………………….

(d) any sum which by reason of the termination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum,

whether with or without deductions, but does not provide for the time within which the payment is to be made;”

-----Civil Court

 

 


Attached File : 559251879 payment of wages act 1936.pdf, 559251879 karnataka shops and commercial establishment act.pdf, 559251879 trade unions in karnataka.doc downloaded: 194 times

Kumar Doab (FIN)     09 June 2013

The employees in the IT sector initiated many efforts to unite the employees of the sector and they have done good job.

 

Be a part to them and interact.

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

 

ITHI, a forum
of women employees in IT and ITeS

 

IT/BPO Voice of India | Facebook

 

www.unitespro.org

West Bengal Information Technology Services Association (WBITSA):

 

https://www.wbitsa.org/


Attached File : 559251879 list of labor officials in banglore.doc downloaded: 94 times

Kumar...... (occupation )     12 June 2013

thank you very much ignore my prev msg :)

Kumar Doab (FIN)     13 June 2013

If company has not waived off notice period/pay it shall adjust in FNF statem ent

Hemang (Advocate)     13 June 2013

Follow Kumar saheb


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