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vinod uttekar   19 April 2016

Unpaid salary

Dear Sir , Here in 2014 I Joined one Pvt Comany . Here I  had not received any Offer Letter and Confirmation Letter from Employer. From Many times i told management for appoint one assistant due to Work Load but management not appointed any person . so in Last Month i dropped job with reign letter but here i have not given any notice period . so now my employer not pay my 15 days salary. So, Please give me guidance to rerceive my unpaid salary.



Learning

 16 Replies

saravanan s (legal advisor)     19 April 2016

Send him a notice to settle the due in salary failing which you will move to the labour court

Kumar Doab (FIN)     19 April 2016

 

While posting a query post the baisic information.

What was your designation and nature of duties?

What is this establishment;Commercial,Industrial?

You were located in which state?

The Redg.,reporting,HO was in which state?

What was last  drawn salary?

Etc

 

 

vinod uttekar   20 April 2016

Here my designation is Accountant. I also Handel some Hr Work. Business nature : Delaer of Renault Cars. State : Gujarat Ho also in Gujarat.my salary is 11500 per month.Here I have no any offer letter and confirmation letter from employer.

vinod uttekar   20 April 2016

Give me some tips for sending notice . If u have any drafting then please send.

Kumar Doab (FIN)     20 April 2016

Download and go thru Gujarat Shops & Estbs Act, Payment of Wages Act.

Instead of quoting any clause and ACt submit a gentle representation addressed to owner (under proper acknowledgment) and request to pay the unpaid salarywages from dated.................to dated............ say within next 7days.Narrtae all representations made so far.

 

Seek help from Employee's/Trade unions, labor Law Consultant and approach;

 

Inspector appointed under Payment of Wages Act.

Has the company been issuing salary slip and providing PF, ESIC?

vinod uttekar   21 April 2016

Yes company provided salary slip. Sir I want to know as a legal rules I am able to receive unpaid wages.

Kumar Doab (FIN)     21 April 2016

First thing first: Submit gentle representation under proper acknowledgment and demand a reply and payment by Redg. Post.

 

Let your counsels examine your nature of duties (on record).

You shall be covered by Payment of Wages Act that does not discriminate between a workman and non workman.

 

You have posted that no offer letter/confirmation letter detailing mutually agreed T&C was ever issued to you and signed by you.

 

If employer does not provide relief then you may approach Inspector appointed under Payment of Wages Act.

Kumar Doab (FIN)     21 April 2016

Your counsels can guide you further

vinod uttekar   21 April 2016

Today I am sending gentle reminder letter to employer to recover my unpaid wages with Xerox copy of attendance register. This is only letter not cc to anyone. Now waiting for reply of employer.

Kumar Doab (FIN)     21 April 2016

You may go thru:

Payment of Wages Act

and also:

 

Gujarat Shops & Estbs Act:

Gujarat Shops & Estbs Rules

https://labour.gujarat.gov.in/e-citizen-rti-prakran-4-2.htm

 

file:///C:/Users/Login/Downloads/GUJARAT%20SHOPS%20AND%20ESTABLISHMENT%20ACT.pdf

However until or unless advised by your counsels, refrain from quoting Gujarat Shops & Estbs Act as if you are covered by thedef. of 'Employe' as per pleading of employer then it may prevail and notice period/pay clause may set in.


Attached File : 60926 20160421195918 40297875 gujarat shops and establishment act.pdf downloaded: 31 times

Arun Singh   22 April 2016

Dear Sir,

My full and final settlement is not done in the last co. and its been 4 months and i m tired of mailing to HR and company person for that. I served around 20 days in my notice period and rest adjusted in my leaves. can u please tell me how to file a complaint against the co.

can i lodge a online complaint againg the co.

 

 

Kumar Doab (FIN)     22 April 2016

@ Arun Singh,

 

It has already been posted in this thread also that:

 

'

While posting a query post the baisic information.

What was your designation and nature of duties?

What is this establishment;Commercial,Industrial?

You were located in which state?

The Redg.,reporting,HO was in which state?

What was last  drawn salary?

Etc'

 

You may always post this  basic information. Then  you will get a better response.

 

Are you a member of employe's/trade unions?

Do you have a copy of offer and appointment letter, all rules and policies mentioned in appointment letter?

Does standing orders (Model/Certified) apply to establishment/your designation?

 

Do you have a copy of applicable standing orders?

 

 

vinod uttekar   23 April 2016

Dear Sir Here as per your instruction I already sent gentle reminder to employer to recover my unpaid wages. here I sent only just normal drafted letter not cc attached to any other department like Labour court or any else. Here I given 7 days time to Employer to give salary. if employer will not give any answer then which steps we have to take in further.

Kumar Doab (FIN)     23 April 2016

It has already been explained whom you can approach.


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