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Mangaa (hhhhhh)     27 March 2015

Salary pending for six months

Hi,

I was working with one of the Company for around a year .After Six months due to  financial problems salary was stopped and was given assurance that salary will be paid after certain paid but till date not a single rupee has been given .Kindly let me know the solution and how to approach.



Learning

 6 Replies

Kumar Doab (FIN)     27 March 2015

The employee can lodge complaint the moment payment of earned wages is delayed even for  a day and company can be penalized say Rs.7500/instance.

If salary is not being processed then company would have defaulted on PF,ESIC,TDS,Group Insurance.....

It is futile to work for such employer.

All employees may join hands and stand as a witness to each other.

You may submit a gentle communication in writing under proper acknowledgment addressed to good offices of appointing authority/MD/Chairman that despite representations/reminders in office/in person/by email etc to Mr/Ms.....................the salary  of month(s) of ........................has not been paid on due date of payment of salary and each time Mr/Ms.............gave a new date(s) .......................................but salary is not being paid....................and salary slip is not being provided and may kindly be provided within say next ...................3 days, as you are facing unmanageable financial constraints/hardships. If god offices also do not provide any relief then you may mention again that you are unable to manage the expenses to attend office and shall be available at your address in record...................OR that you are unable to continue and in situation created due to breach by company by non payment of salary the T&C like notice period/pay has lost its sanctity and is no more enforceable and you are tendering your resignation w.e.f..........say next 3 days and in next ........3 days if your dues/wages/salary slips are not provided you will have no other option but to resign w.e.f. dated..................

 

The company is liable to provide acknowledgment/acceptance of notice/resignation, salary slip of all months showing deduction of PF/ESIC and PF number,Correct FnF statement (showing computation of salary/leave encashment/bonus/..............etc),Form16 as per correct FnF statement,service certificate,Relieving letter,NOC/NDC, ESIC card,PF a/c slips of all years......etc 

 

 The complaint can be lodged thru/with :

Labor Law Consultant/Service Matters Lawyer/Law firm

Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc...

Inspector appointed under: Payment of Wages Act, Shops & Establishments Act

O/O labor commissioner

 

RPFC

 

ESIC jurisdictional Office

ITO-TDS where you file ITR and CIT-TDS where company files ITR

and your lawyer may opine that complaint u/s 406,420 ..............and winding up petition can be filed.

 

Sunanda Sharma (Sr.Admin Assistant )     27 March 2015

Hello,

I was working wid Private Limited company, its a film production house, from April 2009 to February 2014, my five month salaries is still pending wid thm (from October 2013 to February 2014) company director used to say company financial condition is not good but he will pay our salaries very soon ,In month of January,2015 he gave me termination latter and said company in not in position to pay ur salary.And he said  we will pay ur 5 months’ salary ASAP when and I used to call him  but he didn’t pick the call and whn he picked the call he said u will get salary very soon and that director also disappeared from company and that company shifted to another place in Mumbai and now account manager become the director and he pick our call but always say forget ur salary and I don’t want to do to get my salaries (my salary was 28000/-pm  in hand) and it has been 1 years  5 months ,I have my termination letter and  my salary used to come on my salary account, that company cheques was getting bounced because thy r not having money in account to pay other vendors also  ,plz advice ,      


Kumar Doab (FIN)     27 March 2015

@ Sunanda,. You are eligible for Gratuity also =15 days wages/year @ last drawn monthly wages (Basic+DA) . You may write under proper acknowledgment that neither notice of determination nor payment of gratuity was not supplied to you. You can approach as suggested above preferably under advise of an able LaborLaw Consultant....

Devaraj Krishna (Legal Practitioner)     03 April 2015

Try to add value to the discussion, with your each post.

ANUPAM SARKAR (Project Coordinator)     10 April 2015

Hello, I had work on a private company named INFISOFT INDIA TECHNOLOGY PRIVATE LIMITED, Address- EN - 11, ANDERSON BUILDING, 6th FLOOR, SALTLAKE CITY, SECTOR - V, KOLKATA-700091, West Bengal, Telephone no- 033-60606090,

CIN-U93000WB2014PTC202567, Registration Number - 202567, PAN- AADCI6070J

Director Name - Bijon Halder (DIN/PAN-06999001), Address- E-13/131, JOGENDRA NATH COLONY, KALYANI, Nadia, West Bengal, PIN-741235, Mob -09674890228, mail id- bijonhalderit01@gmail.com

And other Director is RUPA BISWAS (DIN/PAN-06877419), Address- APANPALLY 30, BARASAT, NIBEDITA PARK, WEST BENGAL PIN- 700127, mail id- rupabiswas028@gmail.com.

From last October 2014 they are not provide salary, so I had leave this company on 9th February 2015, after complete notice period as per offer letter, and at that time they are promise me that they are paid my salary of time frame 1st October 2014 to 9th February 2015, in few days and they did not pay my salary. Now Bijon Halder does not receive my Phone call and I have send mail both of director regarding this. But they did not response of my mail .

suggest me , how can I handle this situation.

Kumar Doab (FIN)     12 April 2015

You may approach an able Labor Law Consultant/service Matters lawyer and under expert guidance of your lawyer ::::::::Inspector appointed under : Payment of Wages Act, West Bengal Shops and Establishments Act.........,O/O Labor commissioner..................

 

Your Labor Law lawyer may opine that you can lodge complaint u/s 406,420...................and file Winding Up petition.

 

Unpaid wages are debt on employer. 

You can seek support from IT/ITeS employees unions, Trade Unions like CITU/INTUC/AITUC/BMS etc..........


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