My last employer is a Sister / Contractual Company india don't know. But the parent company is having same name but in india it is ABC (India) Pvt Ltd. And in India a administrative head and VP are here. Managing Director is in USA working with parent company. CEO / Director can be the Owner of the Parent Company we are not sure.
Suddenly one day Administrator softly said (no mails/written) that we are under loss and Parent Company owner does not want to run this company for more and have to stop working from today onwards. And since that day company is closed. And he (Admin Head) will help us to find new job in terms of reference and releaving letter and salary for till date and notice period payment as well. And will provide everything (docs and salary) by next month salary date.
Due to this promise we (10 employees) all haven't raised any issue because next job, releaving letter and reference is more important at that time. But we haven't received salary for the last month we worked (for eg 15th march is our last date of working) we received feb salary, releaving letter and last thing he said in presence of every body that he has nothing in his hand now but he is trying and if CEO of parent co pays him will not make any delay. we have not received till date salary for the month of last month (eg march). Nor notice day salary. In appointent letter it is clearly stated that employer will give 15 and employee have to provide 1 month notice vice versa for non confirmed employee. And one and two month for Confirmend Employee vice versa. We requested to admin head for the confirmation latter for no of times but due to admin is busy with work he avoid our requests. And we are not confirmed can we claim as a confirmed employee.
Because we are not getting our salary we requested him no of times, but no reply we felt cheated. and tried to go to labour court and file a case against employer. Before going court we thought to inform employer for the action we are going to take. They threat us like we will declare India company as bank corrupt and employee will not get their money instead of it we will loose our money on filing a case and hiring a lawyer. Even if employees still want to go against employer, then he as a businessman has enough money to fight for long period and hire good lawyer. After all this i tried to contact Managing director for india and CEO/Director in USA both they said we can not do anything, instead of that CEO wants to file a case against us in USA and in INDIA for non professional work.
Now Admin cheif (retd army cornel) threatning not to go to COURT otherwise he will easily declare me as a naxlist / terrorist and take me into jail. So i left my money. Now when i am requesting my TDS certiicate / form 16 he is not picking my phone but once said he is not interested to talk to me. I shoot a mail to Managing Director one month before. Now today i shoot another mail to everybody for the same and mentioned otherwise i have to go CIT (Commitioner of and ID and rules menttioned).
Still full and final is not done. I am feeling very harrased by this, lost money at least for one month (15 working days and 15 notice period ) and tax certiicate for 18k appox. and after loosing job on month gap for next joining. Instability for future Personal / Car / Home loans. i have all document as proof. and sending appointment letter herewith. Please let me know what can i do now.
From India, Calcutta
Suddenly one day Administrator softly said (no mails/written) that we are under loss and Parent Company owner does not want to run this company for more and have to stop working from today onwards. And since that day company is closed. And he (Admin Head) will help us to find new job in terms of reference and releaving letter and salary for till date and notice period payment as well. And will provide everything (docs and salary) by next month salary date.
Due to this promise we (10 employees) all haven't raised any issue because next job, releaving letter and reference is more important at that time. But we haven't received salary for the last month we worked (for eg 15th march is our last date of working) we received feb salary, releaving letter and last thing he said in presence of every body that he has nothing in his hand now but he is trying and if CEO of parent co pays him will not make any delay. we have not received till date salary for the month of last month (eg march). Nor notice day salary. In appointent letter it is clearly stated that employer will give 15 and employee have to provide 1 month notice vice versa for non confirmed employee. And one and two month for Confirmend Employee vice versa. We requested to admin head for the confirmation latter for no of times but due to admin is busy with work he avoid our requests. And we are not confirmed can we claim as a confirmed employee.
Because we are not getting our salary we requested him no of times, but no reply we felt cheated. and tried to go to labour court and file a case against employer. Before going court we thought to inform employer for the action we are going to take. They threat us like we will declare India company as bank corrupt and employee will not get their money instead of it we will loose our money on filing a case and hiring a lawyer. Even if employees still want to go against employer, then he as a businessman has enough money to fight for long period and hire good lawyer. After all this i tried to contact Managing director for india and CEO/Director in USA both they said we can not do anything, instead of that CEO wants to file a case against us in USA and in INDIA for non professional work.
Now Admin cheif (retd army cornel) threatning not to go to COURT otherwise he will easily declare me as a naxlist / terrorist and take me into jail. So i left my money. Now when i am requesting my TDS certiicate / form 16 he is not picking my phone but once said he is not interested to talk to me. I shoot a mail to Managing Director one month before. Now today i shoot another mail to everybody for the same and mentioned otherwise i have to go CIT (Commitioner of and ID and rules menttioned).
Still full and final is not done. I am feeling very harrased by this, lost money at least for one month (15 working days and 15 notice period ) and tax certiicate for 18k appox. and after loosing job on month gap for next joining. Instability for future Personal / Car / Home loans. i have all document as proof. and sending appointment letter herewith. Please let me know what can i do now.
From India, Calcutta
Hello Sir Now company has refused to provide me form 16 or TDS Certificate and said that they will see me in court.
From India, Calcutta
From India, Calcutta
Dear Sir
The company has not given me salary of Feb 2009. I have written several communications to the Chairman of the company. No response from them.
What is the remedy if the employer is not paying salary and incentives due to employee inspite of writing to them several times.
What is the time limit to file a case ?
What is the amount of compensation can be claimed for such action.
Kindly guide me
Thanks and regards
Rasheed
From India, Bangalore
2The company has not given me salary of Feb 2009. I have written several communications to the Chairman of the company. No response from them.
What is the remedy if the employer is not paying salary and incentives due to employee inspite of writing to them several times.
What is the time limit to file a case ?
What is the amount of compensation can be claimed for such action.
Kindly guide me
Thanks and regards
Rasheed
From India, Bangalore
Dear sir,
The management has decide to change, and i submit my resignation from the post, but this time employer no pay my leave encashment, my salary, bonus(exgratia) please give me advice what a legal action against employer.
Thanks, i waiting for your reply.
From India, Delhi
The management has decide to change, and i submit my resignation from the post, but this time employer no pay my leave encashment, my salary, bonus(exgratia) please give me advice what a legal action against employer.
Thanks, i waiting for your reply.
From India, Delhi
Dear Sir,
What step should i take when my employer has forcely dedected my salary for 5 days , 3 days 5 days and 1 days in several month for unnecessary in 2012. there is no rule as such to forcely deduct salary from month.
Kindly reply me
Manoj
From India, Boisar
What step should i take when my employer has forcely dedected my salary for 5 days , 3 days 5 days and 1 days in several month for unnecessary in 2012. there is no rule as such to forcely deduct salary from month.
Kindly reply me
Manoj
From India, Boisar
If some employee got re-leaved by employer without full & final settlement and after 4/5 month employer asked for recovery. Can employer take any legal action against employee.
From India, Gurgaon
From India, Gurgaon
Please suggest - All Seniors
The case is now complicated, reason is full and final settlement not done and now past employer has issued a notice.
Brief: When one of my friend has resigned from his company (let named A), then he was supposed to serve a notice period. But since he has to join the next employer immediately, so he has asked his company "A" to deduct his salary as he was unable to serve the notice period. Company A has deducted all his salary and was paid nil amount. Now the company A has send a notice (after 18 months) to pay Rs. 15000/- as full and final settlement.
Now my question is: 1. If my friend refuses to pay the dues then what can happen?
2. What legal actions can be taken against that employee?
3. How much will be the impact of all this on the career?
4. why this company who has issued a notice after 18 months?
5. Till now that company has not cleared PF also of this employee. Is this a tool in the hands of management to put
pressure on the employees if they are running out of company?
Please suggest as soon as possible.
Regards,
Yash
From India, Mumbai
The case is now complicated, reason is full and final settlement not done and now past employer has issued a notice.
Brief: When one of my friend has resigned from his company (let named A), then he was supposed to serve a notice period. But since he has to join the next employer immediately, so he has asked his company "A" to deduct his salary as he was unable to serve the notice period. Company A has deducted all his salary and was paid nil amount. Now the company A has send a notice (after 18 months) to pay Rs. 15000/- as full and final settlement.
Now my question is: 1. If my friend refuses to pay the dues then what can happen?
2. What legal actions can be taken against that employee?
3. How much will be the impact of all this on the career?
4. why this company who has issued a notice after 18 months?
5. Till now that company has not cleared PF also of this employee. Is this a tool in the hands of management to put
pressure on the employees if they are running out of company?
Please suggest as soon as possible.
Regards,
Yash
From India, Mumbai
Dear Friends,
My brother had resigned from his job last year and as per the terms and conditions of his service he had served a 30 days' notice but his full and final settlement has not yet been done. For the first few months he had no clue as to what actions were pending on his part as he always believed that he had submitted all the papers necessary. When he contacted the HR personnel regarding the same he was told that she had not received the required 'papers' and a form was mailed to him which he was supposed to fill in and revert. It's been more than 6 months since he had sent the filled in form but there has been no response from the concerned person(HR). If he calls the HR personnel she wouldn't pick up the phone. His last month's salary was, though, sent to his company account(which had by now turned into a personal one) without any information from the employers and when he went to the bank to withdraw the amount he was told that there would be a deduction as the account is no more covered under the company& bank's terms and conditions. Please guide me regarding the same. Looking forward for a solution soon.
Thanks & Regards
From India, Mumbai
My brother had resigned from his job last year and as per the terms and conditions of his service he had served a 30 days' notice but his full and final settlement has not yet been done. For the first few months he had no clue as to what actions were pending on his part as he always believed that he had submitted all the papers necessary. When he contacted the HR personnel regarding the same he was told that she had not received the required 'papers' and a form was mailed to him which he was supposed to fill in and revert. It's been more than 6 months since he had sent the filled in form but there has been no response from the concerned person(HR). If he calls the HR personnel she wouldn't pick up the phone. His last month's salary was, though, sent to his company account(which had by now turned into a personal one) without any information from the employers and when he went to the bank to withdraw the amount he was told that there would be a deduction as the account is no more covered under the company& bank's terms and conditions. Please guide me regarding the same. Looking forward for a solution soon.
Thanks & Regards
From India, Mumbai
If a staff does not receive a clearnce/ releiving letter from the employer and joins a new firm with dues pending at the previous employer.
Can the current employer be intimated on the same? and what purpose would it serve?
regards
smitha
From India, New Delhi
Can the current employer be intimated on the same? and what purpose would it serve?
regards
smitha
From India, New Delhi
i was suppose to get my fnf amount of 54000 including 2.5 month expenses and 23 days salary til, i was asked to resign by company.
but now they have deducted all my expenses and giving me 15 days salary. and are not willing to share the deduction details.
please let me know what should i do in this kind of situation. will labour court can help e to solve the issue.
regards
rajeshwar singh
From India, Jalandhar
but now they have deducted all my expenses and giving me 15 days salary. and are not willing to share the deduction details.
please let me know what should i do in this kind of situation. will labour court can help e to solve the issue.
regards
rajeshwar singh
From India, Jalandhar
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Dispciplinary Action.doc
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls