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Sandeep Bhardwaj (Partner)     05 July 2014

Willful non payment of salary

Dear expert 

Thanks in advance for answer, let us know the legal aspect that ours being employee of a company which do not give any type of offer/appointment letter.Company is not going to pay salary for three months,earlier trend said to be that if someone left job had been unable to get his dues.The financial position of company is not so good but the owner being three partner utilized the fund for their own use in place of paying salary or other dues.would we have some legal ground  to get dues cleared?.There are sufficient  documents which can proof  that we have been working in company.How can we go ahead to get our dues.

Thanks,

Sandeep Bhardwaj



 4 Replies

Kumar Doab (FIN)     05 July 2014

 

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

What is its line of business; IT, ITeS,banking etc?

You are in which state?

Does company have an office at your location?

Does company have an office where you are right now?

Redg. office of the company is in which state?


How many employees are employed in it? 

What is your designation and nature of duties? 

Has your service been confirmed in writing? 

Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?


 

Has the employer signed any Bond with you?

Do you have copy of HR policy, Service Rules and regulations, Standing Orders of the company?

 

What are the documents that you have to prove the employer-employee relationship?

 

Does it issue salary slip, PF a/c number and a/c slips of each year, ESIC card, Form16 etc……….. 

 

 

The info by you on all questions asked in this thread shall help you, hence post it pointwise.

Sandeep Bhardwaj (Partner)     08 July 2014

D/Sir,

The company is a private limited registered office/corporate office at Delhi.Deals in trunkey projects.Do not issue offer letter/appointment letter.The having three director/partner utilized fund as soon as fund arise.since April there is shortage of funds,They are not interested to release the salary of staff from their own funds,They say whenever company gets fund  from a new project then only salary etc will be realesed. All are very upset neither left the job not stay is so easy.It has been said by old employees that some one who left wo'nt be able to get their dues.No one had succeed  to get their due after leaving job.We all work in corporate office the strenghts of employee is less than 20.

Myself working as Manager Accounts.I do not have any written rules/documents/letter etc.We have just one attendence register,all scanned copies of registered ducuments as ROC,Vat,Excise,Service Tax etc.Neither any deduction of P.F.,ESIC is made.

I am having a copy of  Board resolution in my name as A/R to appear on bekhalf of company in litigation matter.I have been appearing in various court.I have document signed by me as planintiff.

Let me know what remedy I have to get the salary unpaid for three months .If we left the Job then we can compel the company to pay in any way.

 

Thanks,

Sandeep Bhardwaj

Sandeep Bhardwaj (Partner)     02 August 2014

Dear All,

 would One of my legal friend take pain to provide me a piece of advice  on trailing  submission of topic.

I would appreciate it very much.

 

Thanks,

Sandeep Bhardwaj

Kumar Doab (FIN)     03 August 2014

You may go thru:

>>> The Delhi Shops and Establishments Act, 1954

Sec:2(5,7,8,9,30), 34,37{(b) (i)}, 41 and others..........................

>>> Payment of wages Act; Sec13A and others

 

The employer should supply wage slip atleast a day before disbursement of wages.

PF wage ceiling has recently been increased to Rs.15000/pm. ESIC wage ceiling is Rs.15000/pm

It shall be appropriate if you can visit a Labor Consultant/Service Lawyer in person.

At Delhi you can find lawyers/Law firms par excellence. 


Attached File : 750444337 delhi shops & establishments act, 1954.pdf downloaded: 75 times

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