Hi,
Last year, I joined a software company for its branch office in another state, which is headquartered in Bangalore and had approximately 190 employees. One month after joining, a problem with delayed salary payments began. Initially, there were verbal assurances that the company was expecting funds. However, this progressed from partial payments to delays of 15 days, 1 month, 2 months, 3 months, 4 months, 5 months, and so on, making it unbearable for me, leading to my resignation. Despite my regular follow-ups with HR and top management, the company has not provided me with the full and final settlement details. They keep mentioning that the funds are not available currently and will clear the dues once the funds arrive. Unfortunately, they are not responsive to my calls or emails, nor are they providing any specific timeline. Additionally, they have not issued Form-16 for the last financial year to anyone or reimbursed expenses despite repeated requests. Nearly 60% of the employees have resigned.
It has been over 2.5 months since I resigned, and I am still struggling to find a suitable job. I am facing significant difficulties. Please advise me on how to obtain my full and final dues and Form-16 from this company.
Thank you and regards.
From India, New Delhi
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1Last year, I joined a software company for its branch office in another state, which is headquartered in Bangalore and had approximately 190 employees. One month after joining, a problem with delayed salary payments began. Initially, there were verbal assurances that the company was expecting funds. However, this progressed from partial payments to delays of 15 days, 1 month, 2 months, 3 months, 4 months, 5 months, and so on, making it unbearable for me, leading to my resignation. Despite my regular follow-ups with HR and top management, the company has not provided me with the full and final settlement details. They keep mentioning that the funds are not available currently and will clear the dues once the funds arrive. Unfortunately, they are not responsive to my calls or emails, nor are they providing any specific timeline. Additionally, they have not issued Form-16 for the last financial year to anyone or reimbursed expenses despite repeated requests. Nearly 60% of the employees have resigned.
It has been over 2.5 months since I resigned, and I am still struggling to find a suitable job. I am facing significant difficulties. Please advise me on how to obtain my full and final dues and Form-16 from this company.
Thank you and regards.
From India, New Delhi
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Just to add, my proper handing over and relieving was done and I received relieving and experience letter also, my CTC was INR 6.6 Lac. I stay in NCR.
From India, New Delhi
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From India, New Delhi
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Dear Ask,
There is no use hanging around a company that does not have sufficient funds to pay its staff salaries. Since you have already received the relieving letter, it would be better to shift elsewhere. If you are concerned about your unpaid dues, please continue corresponding with them via speed post or other means to establish your point of view once you take it up with them under the Payment of Wages Act.
Regards,
S.K. Johri
From India, Delhi
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There is no use hanging around a company that does not have sufficient funds to pay its staff salaries. Since you have already received the relieving letter, it would be better to shift elsewhere. If you are concerned about your unpaid dues, please continue corresponding with them via speed post or other means to establish your point of view once you take it up with them under the Payment of Wages Act.
Regards,
S.K. Johri
From India, Delhi
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Dear Mr. Johri, Thanks, I feel Payment of Wages Act does not cover employee above a certain salary amount ( probably salary limit is below 16,000/month) Regards.
From India, New Delhi
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From India, New Delhi
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Dear ASk, Yeah, then better leave the issue. As other alternative is civil proceedings which are pretty expensive and time taking. Regards S.K.Johri
From India, Delhi
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From India, Delhi
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Dear Mr. Johri,
It is difficult to leave because the hard-earned money (5 months' salary) is not small. Also, they have not given Form-16 and paid for reimbursement expenses. There must be some way out like writing/emailing the Labour Commissioner initially before looking for civil proceedings.
Regards,
From India, New Delhi
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It is difficult to leave because the hard-earned money (5 months' salary) is not small. Also, they have not given Form-16 and paid for reimbursement expenses. There must be some way out like writing/emailing the Labour Commissioner initially before looking for civil proceedings.
Regards,
From India, New Delhi
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OK, MISTER,
Approach the Deputy Commissioner of Labour of the Labour Department of the state government. Irrespective of your salary limit, you can file a complaint against the so-called company with a full communicative address and the appropriate person's name to call for a joint meeting to solve your problem.
Lastly, I suggest you please remember you can approach the court of law, i.e., the public court, and file a case against the corrupted employer. All private employees should know that the payment of salary is the responsibility of the employer, and receiving salary for the worked period is a right given by the Constitution of India. There is no salary limit. Issue a lawyer's notice and file a case before the company's jurisdiction court under the Minimum Wages Act 1948.
From India, Nellore
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Approach the Deputy Commissioner of Labour of the Labour Department of the state government. Irrespective of your salary limit, you can file a complaint against the so-called company with a full communicative address and the appropriate person's name to call for a joint meeting to solve your problem.
Lastly, I suggest you please remember you can approach the court of law, i.e., the public court, and file a case against the corrupted employer. All private employees should know that the payment of salary is the responsibility of the employer, and receiving salary for the worked period is a right given by the Constitution of India. There is no salary limit. Issue a lawyer's notice and file a case before the company's jurisdiction court under the Minimum Wages Act 1948.
From India, Nellore
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You may feel it is your hard-earned money, but it's not coming to you; it's lost and over, and there is nothing you can do about it. A company that has not paid salary for 5 months and lost 60% of employees, its business is over. Even if you were to file a case, you are not going to get the money. So forget about it and find a company worth working for.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Banerjee,
How can I obtain Form-16/TDS for FY 2013-14 & 2014-15 in order to file my IT return? What about the PF money? I have heard that they have not yet deposited both.
Additionally, I have heard that this company was officially closed on paper 1-2 months ago. A new company has been formed with a different name, and some employees have received a relieving letter from the old company and a joining letter from the new company, both backdated.
Is it feasible for a company to shut down without settling its liabilities?
Best Regards.
From India, New Delhi
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How can I obtain Form-16/TDS for FY 2013-14 & 2014-15 in order to file my IT return? What about the PF money? I have heard that they have not yet deposited both.
Additionally, I have heard that this company was officially closed on paper 1-2 months ago. A new company has been formed with a different name, and some employees have received a relieving letter from the old company and a joining letter from the new company, both backdated.
Is it feasible for a company to shut down without settling its liabilities?
Best Regards.
From India, New Delhi
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First, you need to take a printout of all the mails which you send to the company and their feedback too. All these documents will support you at the time of submitting evidence. Before proceeding legally, you can send a final email to the company that should include all the details such as your resignation date and the fact that you have not received your salary for the last five months. They have also ignored your previous inquiries. Finally, you must add, "I regret to inform you that I am taking legal action against the current situation with the labor office. Hope to receive an immediate response from the company. Good luck. Is this a start-up company?"
From India
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From India
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