Employer not paying salary - help draft letter
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Employer not paying salary - help draft letter

Hraspl Started The Discussion:

Dear Seniors,

I'm working in a Pvt Ltd., Co, Our emplyer is not paying our salary for the last 4 months, when we ask excuses for 3 day or 4 days, but today morning he without informing any of us, he has taken the belongings of his team. Now we have lost hope in him that he will pay us, so we'll decided to write a letter to him and signed by all the employees.

I request you all to kindly help me to draft a letter, treat this has most urgent and help us.

Awaiting for your response.

Thanks
Hema

deepthireddy - Member Since: May 2007
Hi Hema,

Sorry to hear abt ur plight. However, i am not clear abt a few things:

- What do u mean by 'he has taken belongings of his team'? . Has he taken some valuables and disappeared? Or has he taken them for his personal use? Has he stolen something?
- Also, what exactly do you want to convey thru your letter? That he has not paid you salaries since 4months? (he is already aware of this). or that you all are planning to leave his company? or that you all are planning to file a legal suit against him? or anything else?

Please let me know these points so that we can guide you better.

However, by ur replies, it luks like this company is running in huge loses. So its better for you and others to start looking out for a new job and shift asap instead of digging up a dry well.

menta_81 - Member Since: Aug 2008
I completly agree with you Deepthi on this Note. I am also a bit confused with your posting Hema. can you give us more clarity so that we can help you on drafting the complaint letter?

pavanvss - Member Since: Jul 2008
Yes, I too agree with Deepthi, provide us as many details as you can which will enable us to give the appropriate suggestion. Thanks Pavan

krcarey - Member Since: Sep 2008
Dear Sir/Madam,

I have been appointed has State Director of Andhra Pradesh (XYZ Company), company has not framed any HR rules but trying to extract work with us in some manner or other. I am wasting my time and at the same time i dont want to loose my position in XYZ company.

What precautions should be taken as a State Director remuration?
Should I ask for any appointment letter with the company?

Hraspl - Member Since: Jun 2008
Hi Deepthi, Pavan & Menta,

Thanks for your reply.

My director had another team working on other projct, which he brought them 8 months back to our premises, but now he has moved only his team people to other place with out informing the office people or the other director. We want to know from him about the company's situation and what is his future plan and about the salary. we would like to inform him that we would take legal action against him.

Thanks
Hema

trupti.khare - Member Since: Mar 2007
Dear Hema,

According to Wages Act 1936.if an employer fails to pay Wages to the employees.,he is liable for imprisonment for not more than 1 month may extend to 6 months and the employer is also liable for not less than Rs.2000/- it may extend to Rs.15000/- & in additional Rs.100 per day is fine to the employer if fails to pay the salary to the employees

For more details please refer to Wages Act 1936..

nvraovskp - Member Since: May 2008
Dear Hema,

The payment of wages act, 1936 laid down the procedure to pay salary or wage to the employees by their employer. non payment of salary for 4 months is abnormal delay on part of your employer whose act is punishable under the said act, including the imprisonment as stated by some of our friends.

further, you and your fellow employees shall make a complaint with the concerned labor officer in the prescribed format, who is the appropriate authority to decide the case on merits. on the other hand you can also invoke the jurisdiction of labor court to get your salary and other benifits under sec33C(2) of ID act, 1947. but you are prohibited to get the remedy under the above two enactments.

your employer under the reference is punishalble not only for the imprisonment but also liable to pay your salary arriers to gether with interest and also penalty laid down under the payment of wages act. pl.contact any labor law practioner so that you and your collegues should get your legal dues from your employer with 3 months.


regards

NVRao
Hyd

parthasarathy - Member Since: Jul 2007
Kracey,Think about your experience, if you have less than 10 years of experience mean you dont want to stick to this company, you are working as a director mean you should know the HR aspects, if any company you work get a offer letter and appointment letter from them that will help you to go legal actions in future if they are not paying your salary are settlement, so kindly approch them politly and get your offer letter and appointment letter to continue your services, that will give you the major support,Think about the company future they have a good relationship with the clients, how they are in the market, your suitable for this position, then decide your career.RegardsParthasarathy

doctor57 - Member Since: Jun 2007
Hi,
Write a complaint to labour enforcement officer immediately. However, for drafting a complaint, please give all the details , ie the name of the employees who have not been paid salary, their designation, Name of Director etc

In case you need further help, please let me know. you can reach me on my email

Regards
Daleep
doctor57




I'm working in a Pvt Ltd., Co, Our emplyer is not paying our salary for the last 4 months, when we ask excuses for 3 day or 4 days, but today morning he without informing any of us, he has taken the belongings of his team. Now we have lost hope in him that he will pay us, so we'll decided to write a letter to him and signed by all the employees.

I request you all to kindly help me to draft a letter, treat this has most urgent and help us.

Awaiting for your response.

Thanks
Hema[/quote]



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