Hi,
I am basically a sales & marketing person with almost two years of exp.I recently joined a consulting firm in Hyderabad as manager business development.This is first time i joined a small start up kind of organization thinking that i will have more opportunities to learn.Now for last 2 and half months my employer has not paid the salary,I got fed up asking about salary and finally resigned.At that time he gave me a cheque towards 1 and half month salary which has bounced on 26th feb.When i approached him he kept on giving new dates to make the payment which did not happen.He has been doing the same practice with most of his employees.I have seen many people struggling to get their salaries from him...but no one seemed successful.I have now decided to send him a legal notice,but some how my heart does not want to go for legal actions.As he is trying to scare me with his power and resources.I am alone in Hyderabad and i dont want myself to be caught with any of the troubles.Because i feel he can go to any extent so that he need not pay me my salary.
But at the same time i dont want to leave him.I went to the police as well but they refused to help.My real concern is towards my safety,bcz i dnt want to put my life into the danger.If i dnt send him the legal notice within 1 month since the cheque bounced,i will loose the legal value of that cheque.I am really bugged up following and requesting him to give my salary.
I would be greatful if any of you can guide and help me in this matter.my id is
. I need a quick response as the clock is tickking...and i just have 1 week to take some legal action.Is there any way i can get my money without going the legal way.Please advice.
From India, Hyderabad
I am basically a sales & marketing person with almost two years of exp.I recently joined a consulting firm in Hyderabad as manager business development.This is first time i joined a small start up kind of organization thinking that i will have more opportunities to learn.Now for last 2 and half months my employer has not paid the salary,I got fed up asking about salary and finally resigned.At that time he gave me a cheque towards 1 and half month salary which has bounced on 26th feb.When i approached him he kept on giving new dates to make the payment which did not happen.He has been doing the same practice with most of his employees.I have seen many people struggling to get their salaries from him...but no one seemed successful.I have now decided to send him a legal notice,but some how my heart does not want to go for legal actions.As he is trying to scare me with his power and resources.I am alone in Hyderabad and i dont want myself to be caught with any of the troubles.Because i feel he can go to any extent so that he need not pay me my salary.
But at the same time i dont want to leave him.I went to the police as well but they refused to help.My real concern is towards my safety,bcz i dnt want to put my life into the danger.If i dnt send him the legal notice within 1 month since the cheque bounced,i will loose the legal value of that cheque.I am really bugged up following and requesting him to give my salary.
I would be greatful if any of you can guide and help me in this matter.my id is
From India, Hyderabad
You can initiate legal action and i suggest go to an NGO (which deals with labor issues)or a good lawyer and take advice.
As far as the time is concerned you can go ahead with legal action as within 2 yrs u need to file the case. I say teach such kind of people lesson so that they dont take people for a ride. Do let me know what you do eventually.
From India, Mumbai
1As far as the time is concerned you can go ahead with legal action as within 2 yrs u need to file the case. I say teach such kind of people lesson so that they dont take people for a ride. Do let me know what you do eventually.
From India, Mumbai
Dear Shravasti,
For any dispute with employer, it is better to approach labour officer of your area. Find out labour office of your area. Go and talk to him/her. Put up application with adequate references like xerox copy of your appointment order, ID card, pay slip, checque bounce notice etc.
Once you do that he will call both the parties. If you are not satisfied with the ruling given by the labour officer, then only you can take the legal action against the employer.
Ok...
Dinesh V Divekar
From India, Bangalore
For any dispute with employer, it is better to approach labour officer of your area. Find out labour office of your area. Go and talk to him/her. Put up application with adequate references like xerox copy of your appointment order, ID card, pay slip, checque bounce notice etc.
Once you do that he will call both the parties. If you are not satisfied with the ruling given by the labour officer, then only you can take the legal action against the employer.
Ok...
Dinesh V Divekar
From India, Bangalore
actually i can go to labour court but the thing is that meanwhile if the process stretches i will loose the date of 26 th march.So as of now i have got a legal notice prepared from one of my friend who is a corporate lawyer.Will be sending that,after this if he does not make the payment i will have to hire a lawyer and will have to file the case against him.Couple of people also told me that i can not go to labour court as i fall in the managerial category.But in any case this is a war against injustice and fraud and i will have to win this.
Just need all of you there...who can believe in me and guide me in this journey.
From India, Hyderabad
Just need all of you there...who can believe in me and guide me in this journey.
From India, Hyderabad
Dear Shravasti,
May I request you to read my reply correctly? I never told you to go to Labour Court. I told you to approach Labour Officer of your area.
Sending a notice through lawyer is a second step. How can that lawyer is also bypassing this very first step?
Many times courts have ruled that litigant should not take recourse of adjudication without approaching the competent authorities to solve the dispute. Here competent authority in your case is Labour Officer.
Who knows even Labour officer may be able to solve your problem. Once you put up formal application to him/her, it will be treated as industrial dispute and he/she will call both the parties for hearing. In the redressal, you have to prove:
a) that you were employee of company ____
b) that you have drawn salary till ____ month
c) that you have attended your duties till _____
d) since you did not get your salary since ____, you put up application and you have acknowledgement of the original copy
e) as you resigned from your post, you have obtained clearance certificate from that company.
f) portion of the wages were paid to you through cheque but it was bounced.
Never give a short cut to the redressal mechanism. When a case comes for hearing at Labour Court, it would be a technical flaw from your side that you did not deem it fit to approach labour authorities to redress your grievance.
Thanks,
Dinesh V Divekar
From India, Bangalore
May I request you to read my reply correctly? I never told you to go to Labour Court. I told you to approach Labour Officer of your area.
Sending a notice through lawyer is a second step. How can that lawyer is also bypassing this very first step?
Many times courts have ruled that litigant should not take recourse of adjudication without approaching the competent authorities to solve the dispute. Here competent authority in your case is Labour Officer.
Who knows even Labour officer may be able to solve your problem. Once you put up formal application to him/her, it will be treated as industrial dispute and he/she will call both the parties for hearing. In the redressal, you have to prove:
a) that you were employee of company ____
b) that you have drawn salary till ____ month
c) that you have attended your duties till _____
d) since you did not get your salary since ____, you put up application and you have acknowledgement of the original copy
e) as you resigned from your post, you have obtained clearance certificate from that company.
f) portion of the wages were paid to you through cheque but it was bounced.
Never give a short cut to the redressal mechanism. When a case comes for hearing at Labour Court, it would be a technical flaw from your side that you did not deem it fit to approach labour authorities to redress your grievance.
Thanks,
Dinesh V Divekar
From India, Bangalore
Hi ,
I think it's completly illegal to do so , you can immediately launch an FIR against him , and nothing will happen rather his company will get closed.
If possible take support of your colleagues so that mass complaint can be filed.
All the best
Best Regards
Vyakhya
From India, Bangalore
I think it's completly illegal to do so , you can immediately launch an FIR against him , and nothing will happen rather his company will get closed.
If possible take support of your colleagues so that mass complaint can be filed.
All the best
Best Regards
Vyakhya
From India, Bangalore
Hello,
The first thing that u need to do is file a legal notice agaist him immediately.And if he threatens u in any manner,then file a FIR against him immediately.I know such people who boost about their contacts.If u r correct u need not be afraid.Try to contact the others too who have suffered from him.Also file a case of mental harassment on him.If u r afraid that he might harm u physically,write a registered AD letter to the police department of yr area.Also send a copy of to him.In that case if anything happens to u,he will be the first to get arrested.Take the help of the media if things get serious.If u dont take any action,he will keep committing his crimes with others.Learn to fight for yr rights if u want to be successful in yr life.
From India, Ahmadabad
The first thing that u need to do is file a legal notice agaist him immediately.And if he threatens u in any manner,then file a FIR against him immediately.I know such people who boost about their contacts.If u r correct u need not be afraid.Try to contact the others too who have suffered from him.Also file a case of mental harassment on him.If u r afraid that he might harm u physically,write a registered AD letter to the police department of yr area.Also send a copy of to him.In that case if anything happens to u,he will be the first to get arrested.Take the help of the media if things get serious.If u dont take any action,he will keep committing his crimes with others.Learn to fight for yr rights if u want to be successful in yr life.
From India, Ahmadabad
take the media, and went to police station and tell the whole story in front of camera, .....
From India, Bangalore
From India, Bangalore
This is cheque bouncing case. Handle it accordingly. Once he has given the cheque, he can not deny your salary. Only thing, before proceeding legally, you should serve notice on him. This is mandatory. During the proceedings if he gives any threat, you seek protection through the legal authorities.
Take help of local chapters of Marketing & NHRD EXPERTS.
Best of Luck.
From India, Hyderabad
Take help of local chapters of Marketing & NHRD EXPERTS.
Best of Luck.
From India, Hyderabad
Tnx To All,
I have already been to Madhapur Police station,but they refused to help saying that this kind of matter are not dealt by him.I have send him a legal notice,and i am also planing to go to the labor officer soon along with couple of other colleagues.Lets hope that something positive comes out.
From India, Hyderabad
I have already been to Madhapur Police station,but they refused to help saying that this kind of matter are not dealt by him.I have send him a legal notice,and i am also planing to go to the labor officer soon along with couple of other colleagues.Lets hope that something positive comes out.
From India, Hyderabad
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