Dear Madam/ Sir,
I worked with an organisation for 3.5 years (Dec'04 to May'08) in sales & marketing
During the period of last 1.5 years, my salary was paid partly, due to non submission of daily reports & travelling expense was not paid, due to late submission.
My supervisor kept on insisting me that your settlement will be done.
In Feb'08, when I asked for my settlement strongly, he issued me a memo with two days time, asking about my financial details. I replied the letter with all my financial details.
After my reply, I was transferred to other location
I've been following up with my senior, a/c deptt. & HR deptt. regularly, but they were not settling my a/c. Finally, I resigned in May'08.
Recently, I've personally visited their regional office & Head Office personally.
HR manager said that we can't settle your account & he offered me a lump sump amount (20% of my pending amount) with a confirmation letter from me that my full & final settlement done.
Kindly advise.
From France, Courbevoie
I worked with an organisation for 3.5 years (Dec'04 to May'08) in sales & marketing
During the period of last 1.5 years, my salary was paid partly, due to non submission of daily reports & travelling expense was not paid, due to late submission.
My supervisor kept on insisting me that your settlement will be done.
In Feb'08, when I asked for my settlement strongly, he issued me a memo with two days time, asking about my financial details. I replied the letter with all my financial details.
After my reply, I was transferred to other location
I've been following up with my senior, a/c deptt. & HR deptt. regularly, but they were not settling my a/c. Finally, I resigned in May'08.
Recently, I've personally visited their regional office & Head Office personally.
HR manager said that we can't settle your account & he offered me a lump sump amount (20% of my pending amount) with a confirmation letter from me that my full & final settlement done.
Kindly advise.
From France, Courbevoie
This is an interesting case.
You worked for 3.5 years will may 2008
You did not get the final settlement but waited till 2013 to being it up.
A few points are important :
- did you submit the reports late or didn't submit
- why was it late
- how late is it ?
- is it possible that your company deems the reports false since it was done late ?
- what corrospondence do you have ? Is there proof that you kept asking for it ?
(Law of limitation of 5 years applies)
- what is the reason given by the company for not settling now that you have gone there to meet them
From India, Mumbai
2395You worked for 3.5 years will may 2008
You did not get the final settlement but waited till 2013 to being it up.
A few points are important :
- did you submit the reports late or didn't submit
- why was it late
- how late is it ?
- is it possible that your company deems the reports false since it was done late ?
- what corrospondence do you have ? Is there proof that you kept asking for it ?
(Law of limitation of 5 years applies)
- what is the reason given by the company for not settling now that you have gone there to meet them
From India, Mumbai
Thanks for your response
-I submitted the reports late
-Submission was late due to hectic schedule of my travelling (almost 25 days a month)
-late by one month
-reports not deemed false, submitted to my supervisor/ regional office accountant & accepted with my travelling expense & forwarded to HO for settlement.
-I've been sending mails, also sent hard copies through registered post.
-company just do not want to pay, because they think that I can't do anything against them.
When I recently visited their HO, I submitted my application with details of my pending salary & travelling expense. & also sent scanned attachments to MD/ VP/ HR Manager's e-mail IDs & I'm sending daily reminders of the same.
Kindly advise, if legal action possible.
Thanks & Regards
From France, Courbevoie
-I submitted the reports late
-Submission was late due to hectic schedule of my travelling (almost 25 days a month)
-late by one month
-reports not deemed false, submitted to my supervisor/ regional office accountant & accepted with my travelling expense & forwarded to HO for settlement.
-I've been sending mails, also sent hard copies through registered post.
-company just do not want to pay, because they think that I can't do anything against them.
When I recently visited their HO, I submitted my application with details of my pending salary & travelling expense. & also sent scanned attachments to MD/ VP/ HR Manager's e-mail IDs & I'm sending daily reminders of the same.
Kindly advise, if legal action possible.
Thanks & Regards
From France, Courbevoie
I think you have adequate ground for legal action.
If you are a workman defined in the industrial dispute act (look at the definition not the commonly understood English meaning), then you can approach the local labour officer for help. You can also get a lawyer to file a case in the labour court.
If you are not covered by industrial dispute act, then you can make an application under payment of wages act (if your salary was less than 10,000 per month). Else you have to file a civil case. Labour court case will work faster.
My assumption is that you have proof that this money is due to you and that you have been regularly following up. You will need to explain in your petition to the court why you filed it so late. Further, keep details ready to prove that you did not falsify the reports and that each delay was only due to travel schedule and work pressure that kept you from filing the reports on time.
Court cases take time and money, but I think you have exhausted other options.
From India, Mumbai
If you are a workman defined in the industrial dispute act (look at the definition not the commonly understood English meaning), then you can approach the local labour officer for help. You can also get a lawyer to file a case in the labour court.
If you are not covered by industrial dispute act, then you can make an application under payment of wages act (if your salary was less than 10,000 per month). Else you have to file a civil case. Labour court case will work faster.
My assumption is that you have proof that this money is due to you and that you have been regularly following up. You will need to explain in your petition to the court why you filed it so late. Further, keep details ready to prove that you did not falsify the reports and that each delay was only due to travel schedule and work pressure that kept you from filing the reports on time.
Court cases take time and money, but I think you have exhausted other options.
From India, Mumbai
You can sue them.onsult a good lawyer and send the notice to the Managing Director. In case you are following up for over 6 months and have documentary evidence for it, and if your dues are more than Rs. 500, then you straight away send them a notice for winding up. It will be followed up by a winding up petition to the court. Your lawyer will post a classified advertisement in a newspaper that the winding up petition is being filed since they cannot afford to pay you the money which they owe you and also request all other creditors to join you and support you. In case it is proven that the money is not paid, then the court will order the winding up of the company.
This is more easier to get them on their knees and pay you the entire money with interest. In early 90's, one of the Essar company's was ordered winding up by the court on account of non payment of pending travel bills of an employee who had resigned. The matter got settled by the payment being made and sacking of over 20 employees by the management for having been brough the company to shame, including the CEO.
SInce, this is not salary, but your travel bills, you can file winding up petition by applying the Compa's act of 1956. AVopid going for a civil case, because the company will keep taking adjournments and you will be summoned for no reason time and again and also be harassed on account of the delays in the court. You will spend more time in the court, than in your new work place. But under company's act, you will be summoned only once or twice for deposition and cross examination and since the court cases are less, the case will end fast. And no company wants to see an advertisement of winding up in the papers, since it will spoil their image. And if its from an ex employee, then no prospective employee will also join the company for work. They will tend to settle the case immediately out of court.
All the best
Contact a good lawyer and he will advise you accordingly.
From Indonesia, Jakarta
This is more easier to get them on their knees and pay you the entire money with interest. In early 90's, one of the Essar company's was ordered winding up by the court on account of non payment of pending travel bills of an employee who had resigned. The matter got settled by the payment being made and sacking of over 20 employees by the management for having been brough the company to shame, including the CEO.
SInce, this is not salary, but your travel bills, you can file winding up petition by applying the Compa's act of 1956. AVopid going for a civil case, because the company will keep taking adjournments and you will be summoned for no reason time and again and also be harassed on account of the delays in the court. You will spend more time in the court, than in your new work place. But under company's act, you will be summoned only once or twice for deposition and cross examination and since the court cases are less, the case will end fast. And no company wants to see an advertisement of winding up in the papers, since it will spoil their image. And if its from an ex employee, then no prospective employee will also join the company for work. They will tend to settle the case immediately out of court.
All the best
Contact a good lawyer and he will advise you accordingly.
From Indonesia, Jakarta
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