Riteshmaity
Labour Law Advocate
Dinesh_diyos
Accounts

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Hi,
I am Dinesh Gupta. I had worked in Jeevana Care Private Limited in 7 Months. But dues to some reasons, I have resigned from my post with prior one month notice to the company. They hold my Salaries for the m/o December 16 & January 2017. I have request to their HR many times, but they are saying only that they don't have funds for payments. But they are paying their all employees who are currently working their. Further they don't have deposit the PF amount to the Government. In each case, they always says that they don't have funds. They are not able to release the pending salaries till the funds comes.
Please suggest me what to do in this case.
Thanks
Dinesh Gupta
+91 9899193508

From India, New Delhi
Salary is to be paid by 7th-10th day of each month and any violation thereof attracts penalty and interest. Since you have two months salary due, please send a demand letter/ legal notice through registered/ speed post giving them a week's time. If the company does not clear the outstanding dues, then you may have to approach the appropriate authority depending on your nature of work, type of company and strength, amount of salary etc.
And for non-deposition of PF, you can simply complaint it in writing to the office of PF authority. Deducting PF amount from salary but not depositing it is considered as a very serious offence.

From India, Kolkata
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