Riteshmaity
Labour Law Advocate
+2 Others

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Hi mam/sir, I am currently working in an consultancy, that was my friend consultancy, i am working here for more than a year. they have provided me an offer letter of salary 17 k. After one year they are denying me to give the salary amount. And they are telling me if i file a case they will tell the officials that "i have paid the salary in cash".
Can you please tell me whether a consultancy can pay salary in cash? and also suggest me a better idea to get rid of this problem.
please help me..
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No they cannot, your salary is covered under payment of wages act as it is not greater then 18000. So when they pay you salary they need to get a signed voucher from you and file a return at the end of the year. I am sure that they have not filed this as maximum people do not know about it. Also you are covered under PF and ESI both, so see that they have paid this or not. If not then you have to file an additional complaint with PF enforcement officer. He will make them pay with interest of 12% that will be given to you. Also a complaint will lie to ESI department. Also lodge a complaint with labour department under payment of wages act. If you are telling the truth then you have nothing to worry.
They are simply threatening you in order to avoid paying you salary and nothing more. You may demand outstanding salary in writing under registered with ad post before filling any case.
Dear Rajeev,

Offer letter and appointment letter is

two different things. Offer letter is whats they have offer to you whereas appointment letter is agreement of service agreed by both employer and employee accepting the terms thereof.

Keep the documention ready pertains to your employment if any?

With regards to Non Payment of salary :- since your salary is 17K Hence you are covered under payment of wages act. 1936. As sec 4 of the said act. No wages pariod can be fixed more then 1 Month which should be disbursed within 7th days or before after closing month if the employees strength of origanization is 1000 or below however if the strength is more then 1000 then wages should be disbursed within 10th or before after closing month.

Send written application through registered post seeking your dues if they remain adamant then you can initiate legal action again them. Also you can file the case u/s 33C(2) of ID act. 1947 to recover your dues if you are categorized as workman?

Thanks & Regards

V SHAKYA

HR & Labour, Corporate Laws Advisor
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