Salaries not Paid Since 4 months - how to settle?

CS PRASAD · 05-11-2009, 11:27 AM

Salaries not Paid Since 4 months

Hi All,

I was working as Executive in with a manufacture company at Bangalore. I & along with me more then 35 peoples resigned last month i.e.07-09-2009 based on management oral request due to bad financial condition they are not able to continue our services and they are assured that based on our offer letter agreement they are ready to pay 4months pending salaries with one month notice period amount with all arrears. They assured that with in one month they settle all our arrears and given me clearance letter from company. I joined this company 10.8.2006 more then 3 years sincerely worked for the company but company now closed unofficially (I mean only few peoples are working with there laptops from home if you see factory gate be in closed condition because of vender payment problem, they all work getting done out sourced and completing the existing projects) Now problem is as per there committed date there not paying that amount what they assured. HR manger & concern people are told it has been postponed to un conditional date. If they get some money from buyers we will pay yours arrears they telling, So now how to get my arrears, PF & Some peoples are eligible for gratuity all so . We are having our offer letters & clearance letters from company, Bank statement with showing from past 4 months we are not get any salaries from company and our old salary slips, from this documents help how I can fight for my settlement, along with me all other employees also facing the same problem, kindly suggest, guide, if you help me it will help for more then 35 peoples. If any anybody wants suggest personally please mail

Thanks & Regard,

chitra.sharma · 05-11-2009, 11:34 AM

Can i know was this assurance given in writing to you. Also when all the dues are not cleared how did you accept the clearance letter.

CS PRASAD · 06-11-2009, 01:17 PM

Quote:

Originally Posted by chitra.sharma

Can i know was this assurance given in writing to you. Also when all the dues are not cleared how did you accept the clearance letter.

First i Thank your valuable reply chitrajee, Thy are not given any writing assurance from them, we asked for that also saying that all your dues will be cleared so and so date with this much amount, but they toled us emotionally "what yar you peoples are asking like our vender's in writing" now what we do, and how handle this problem...

Thanks & Regards

chitra.sharma · 06-11-2009, 02:03 PM

Even though you have a offer letter or bank statement since you have accepted the clearance letter it will be hard for you to solve your problem. You can do one thing is based on what you have you can send them a notice through court demanding to clear you dues. They will have to reply on that notice.

nisha.jayaraman · 06-11-2009, 03:50 PM

Dear Chandu,

Since you don't have any assuring from them that your salary for four months will be cleared with date specified its better that you people go to court and legally file case against them. The case might take some time and money but i don't think there is any other alternative solutions for it since they are refusing to clear your payment. Once they receive the court order as Chitra says they have no other go other than to reply for you.

sunmukh · 06-11-2009, 04:44 PM

You try to get a written letter from the management saying that your payment will be settled in this date, after that send a letter from court asking for your final settlements. Once they receive the court orders they have to reply or they will come down to settlement may be out of court also.

ramnathmsw1976 · 06-11-2009, 05:16 PM

Quote:

Originally Posted by CS PRASAD

Salaries not Paid Since 4 months

Hi All,

I was working as Executive in with a manufacture company at Bangalore. I & along with me more then 35 peoples resigned last month i.e.07-09-2009 based on management oral request due to bad financial condition they are not able to continue our services and they are assured that based on our offer letter agreement they are ready to pay 4months pending salaries with one month notice period amount with all arrears. They assured that with in one month they settle all our arrears and given me clearance letter from company. I joined this company 10.8.2006 more then 3 years sincerely worked for the company but company now closed unofficially (I mean only few peoples are working with there laptops from home if you see factory gate be in closed condition because of vender payment problem, they all work getting done out sourced and completing the existing projects) Now problem is as per there committed date there not paying that amount what they assured. HR manger & concern people are told it has been postponed to un conditional date. If they get some money from buyers we will pay yours arrears they telling, So now how to get my arrears, PF & Some peoples are eligible for gratuity all so . We are having our offer letters & clearance letters from company, Bank statement with showing from past 4 months we are not get any salaries from company and our old salary slips, from this documents help how I can fight for my settlement, along with me all other employees also facing the same problem, kindly suggest, guide, if you help me it will help for more then 35 peoples. If any anybody wants suggest personally please mail

Thanks & Regard,

Dear Mr. Chandu,

this is noting but layoff. if the total employee is more 50 the management hav to take permission from the concent factory inspector. and for compensation 3 months salary has to be given. so plz chec out how mach employees vr there in the organisation & wht procedures hav followed for exit or selltement formalities.

jst simply leting down is a serious mistake from ur employer so further u can take him to the court.

regards,

ramnath

deepak.kapoor81 · 06-11-2009, 05:40 PM

Hi

what all documents do you have to justify your dues on employer?

Have you done anything beyond company policies?

Regards
Deepak

anilyadavmsw · 06-11-2009, 07:11 PM

HI CHANDU,

FILE A CASE FROM WHERE U CAN FIGHT EASILY AND TAKE DATES AS SOON AS POSIBLE.

regds
Anil

Vidyashankar · 06-11-2009, 07:11 PM

Hello Mr. Chandu,

Of what I read from the case, its quite clear that the employer is either not in a position to pay or is trying to get away without making any payment.

Please note that employees dues cannot be denied by any company even in the event of liquidation of the company. Employee dues arises prior to any dues of any other creditors. hence the company is bound to pay you all the dues which are legally payable to you.

The content of the clearance letter will be very vital here. Please let us know what does it read?

Further, do you have any proof that you were physically present (any attendance record etc) for the said period of three months. If yes then your case becomes much more stronger that you were present, however, the salary has not been paid. If not such employer's can twist the case.

Remeber collective bargaining has worked wonders in the past. Hence the group of 35 people much unite together and file a suite against the proprietor.

Regards
Vidyashankar