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Unpaid Salary (Manager)     15 August 2015

Unpaid salary dues

Hi,

I need some guidance from the experts on this forum.

Background –

I was hired by a UAE based Indian company. Interview, offer letter and all pre-joining formalities over phone were done by the UAE company. They had clearly stated that they have offices across the world and I will be working out of the UAE office. I joined their India office where I was working for a few months. I was issued a laptop from India office, I interacted and worked with my Indian counter parts. I was also paid in India for the initial period. Although, the payment was a remittance from UAE.

After the initial period, I was issued visa and I travelled to UAE. Here is when the problem started. The company did not pay my agreed salary or dues while I was there. They continued promising (on email) and I bought into those promises. Finally, I reached a point where I could not sustain in UAE without any salary so I had to resign and come back. Everything was agreed amicably and documented over emails.

After coming back the company continued to make false promises for few months and until one day completely backed out. This is when I decided to take them to court here in India.

My Issue –

I have filed a Winding up petition against my ex-employer. I received a response from their lawyers stating that the entity against which the petition has been filed and the entity who hired me were two completely different companies and therefore my claim cannot be entertained and should be dismissed.

Their defense is that I have filed a winding up petition against their India entity which is no way related to their UAE Company. The Indian entity never hired me or I never worked for or with them. They are not aware of my existence of my claims.

This is even though, both the entities have the same names, share the same CEO and investors, have the same website, email id domain and same management team. All publicly available information portrays them to be the same entity. For the employees sitting in Mumbai, UAE or any other place everything is the same.

My query is, how should I we respond to this claim that they are making? Both the entities may be registered as independent entities but does that give them completely independence when they are doing the same work under the same umbrella and sharing the common brandname, products and even employees. Can someone please guide me with some past reference case or pointers on this matter.

Thank you very much. Appreciate you reading my post.



 8 Replies

Kumar Doab (FIN)     16 August 2015

Any company shall have to register in each country it operates.

So much so that a company in India shall have to register its each office in each state under respective state laws.

 

Press to make personal appearance mandatory and the owners may relent.

 

 

Unpaid Salary (Manager)     16 August 2015

Thanks Kumar.

 I will ask for personal appearance for the owners.

But can you share your experience on the line of defense we can take to counter their argument that both the Dubai and Mumbai entities are independent and not related.

Kumar Doab (FIN)     16 August 2015

You have mentioned many points in your post.

Provide the evidence to your lawyer.

The lawyer that has examined each doc on record can advise you the best.

Unpaid Salary (Manager)     17 August 2015

Hi Kumar,

I am interacting with my lawyer as well and trying to figure out the best response.

Just wanted to get your perspective on one specific issue.

Will I be able to fight my case if the company registered in India and the company registered in UAE are two different entities? Even though they share a common brand, website, email address, customers, products, CEO, Investors, senior management team etc. For public and employees it is the same entity but registered as two separate companies?

Please advice me on this one point. Thank you.

hemal8110   05 October 2015

unpaid salary deductions for security deposit as per contract for 3 years.but verbally said that work for 50 % salary or resign.I resign but my question is that condition is not given in contract that you have to work 50 % salary.What to do ?

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

IN another thread posted by you at:

https://www.lawyersclubindia.com/forum/Claim-against-company-by-senior-officer-employee-127904.asp#.VhJrjW5-jMo
 

You have posted that

 

"salary is not received since two month.no appointment letter,no salarys statement in any month,working since six month.payment made by cheque.present record by thumb impression by m/c.record cctv with him.Deman verbally for salary but no proper response said that no fund available.This is third month running,what to do ?"

 

IN the above mentioned  thread you have posted that:...............................you are working since six month.

 

 

IN this thread you are working for 3 years..............................and have a contract.

 

Which is your actual and correct query?

 

 

 

 

 

hemal8110   05 October 2015

both query is seperate case for 3 years query is my previous employer where i left the job since six month,and another is current employer where i faced another problem where i cannot get salary since two month....

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

You have posted another thread at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127974&offset=0#.VhJyDW5-jMo

 

 

You may draft and post all point in order in this above mentioned thread.

 

Thus you will geter better and coordinated response.

 


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