Non payment of Salary by Employer - Quintegra - legal aspects
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Non payment of Salary by Employer - Quintegra

mrithun Started The Discussion:

Hi,

Can someone guide and help me in letting me know where I can seek counsel and register my complaints against my employer who has failed to pay my salaries for couple of months despite of multiple assurances and reminders and has also defaulted in Statutory Filings of PF/Professional Tax/TDS filings for few months.

As an individual I am unable to find out the ways and also i am non-HR background person.

thank you
MJ

Madhu.T.K - Senior Member
Initially your request for two months salary has to be given in writing to the employer only. If you do not get it within a reasonable time, say a week, you can lodge a complaint with the Labour Officer. In the meanwhile enquire with the Employees Provident Fund Organisation whether the PF dues are paid or if there any dues. Regarding Profess Tax, it is payable on half yearly basis and for IT, you can wait for the form 16 to come from the company.

Regards,

Madhu.T.K

Well Mr. MJ,

Would need some more information on the following

a) what was the tenure of working
b) how was the relationship with your boss ?
c) was there any appraisal done ? if so what was your rating ?
d) was there any legal bingo on you by any chance ?:!:
e) how much is the organisation liable to pay you ?
f) do you have their joining and relieving letters ?
g) do you have the last employment payslip ? was it credited to your bank account ?
h) did you write to your previous employer asking for a showcause notice as to why the payment is pending ?

Reply @

Hi.MJ,
My advice is to refrain from legal cases and try to solve it amicabilly. This are not new especially in small and MID IT companies.

Before that you should be an important revenue generator for the previous organization.

There is always a suggestion where the employer may tell that you were liability and never accounted for any business especially if you deal with sales or Marketing. Just share whether you were working in technical background or sales background or in senior management.

Also keep your records with your overally revenue generation by you and your team for the tenure you were working there and try to talk to borad members directly.

Iam sure they will oblidge if the option of legal can be avoided.

Al the best.

mrithun - 
Thank you Prabakar and seekconsulting,

I had tried writing and seeking my dues by all possible and amicable means and it was in the interest of the company that I helped when I left only on assurance from HR Head that within 15 days my salary dues will be settled, but final settlemetn might take time like month or two. Hence, it was a help gesture on my part to leave the company and also to save my reputation as this company has neither paid PF dues and TDS Returns despite of deductining it from all the employees and this came out very clearly when the PF office had served them the notice. Secondly, to avoid any reputation loss further in the industry as they have not even date settled salaries for more than 100+ employees who left them for no reasons of theirs.

Secondly, when i sent mails requesting for dues they chose to threaten me with statements like we will not give a clearance when any new employer does a background verification post which i had no option but to put it on record and also escalate to the chairman of the company through registered post.

I have seeked opinion from this forum on legal aspects before filing a case against them and post your advise, I shall take the further course of action as I being the only sole earning member have not got my dues neither statements on PF and TDS.

There are so many more employees who left Quintegra in last six months whose settlements have not been done and the HR-Head and Chairman have remained silent on this issue.

Please advise,

MJ

So Mr. MJ , Do you have those letters of intimidation written by the HR to you ? if so go ahead and publish it here.

your case comes directly under ,The employee rights protection act , Employees Provident Fund Scheme , 1952 & Industrial Disputes Act , 1947

mrithun - 
I have my letters written to them and they in turn have sent these messages through people currently / recently left employees but smartly not put in written record. Regarding PF and IT Returns there is a clear violation as they have deducted these amounts and not deposited anywhere as they are not responding to my writtent requests.

Under these circumstances, I need to know what are the remedies possible,

thank you

darrylrio - Contributing Member
I completely agree with you.You have done an great job.. Such an informative and well formed post!Thanks for sharing that, it was wonderful of you.Thanks for the nice collection of this posts.!!!This is really good information....
Good luck!

saurabh.shrivastav - Contributing Member
It looks like a claasical example of exploitation. Lodge a written complaint in the Labour Office with the Labour Officer of the region of your office. provide them all the details and try your other colleagues also file their complaint. If things are so worse then definately stpes should be taken to restore the rights of the employees.

Saurabh

mrithun - 
Thankyou Saurabh and Darrylrio,

There was a recent news article in the local daily regarding non-payment of salaries to the employees of some other firm and they all landed up enmass to lodge the complaint.
Whereas, in the case of Quintegra the salaries are pending for many such people who were forced by HR to leave the company as the intent was no to pay and keep their record clean that people left on their own. I am in touch with few such employees who left and and under tremendous stress and lack directions and guidance in such situations.

Thank you again for advises, I have sent more than 6-7 requests for issuance of TDS and PF details and waiting and i guess its not going to comeby. As a next step, I have informed the Regional PF Commissioner's office and waiting for steps to proceed as per provisions under PF contributor's privileges. Post which I shall proceed legally,

MJ

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