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I am Yogesh Kumar, was working in a company as carpenter on a monthly salary of Rs. 12000/-.My employer has not been paid my salary and conveyance amounting to Rs. 26940/-(24000+2940) from last 2 months (July & Aug). Since I was facing financial problem and not getting salary from my employer I have to left my job effective from 1st September 2017. The same was communicated to the employer at time of leaving the job.

I have requested in every possible manner to my employer to pay my pending salary and conveyance of past 2 months but he is not responding in satisfactory manner. He also says that I was under-performed in past 2 months thatís why he is giving trouble to me and not paying dues. However no such discussion was made with me regarding salary is based on performance at time of hiring by the company. I have done my work sincerely and honestly. Now I have lost hope in him that he will pay my salary.

I have only employee ID card which contains my employee ID no. company name & Address and my photo. I don;t have offer letter, Salary Slip as the same was not given by employer. My employer give salary to all the staff in cash.

I request you to please advise that how i can proceed legally to recover my dues from employer ?
28th September 2017 From India, New Delhi

Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
+1 Other

Dear Yogesh,

What is happening with you is quite unfortunate. Nevertheless, you could have approached this forum before quitting your employment and not after.

Anyway, please find the office of Labour Officer under whose jurisdiction your company falls into. Go and meet him and explain your problem. Your employer can be booked under several counts however, your concern is limited to getting salary for the month of July and August.

Please note that labour officers and different from labour lawyers. Former are government authorities and latter practice in their personal capacity. LOs do not charge any fee for their intervention.

Thanks,

Dinesh Divekar
28th September 2017 From India, Bangalore
Dear Friend,

You have a very strong case against the employer subject to following conditions;

1. If you have not given any resignation or any letter as to the leaving the employment.

2. They must be recording your attendance some where.

3. I card must be having signature of some one from the Company.

4. If all the employees getting salary in cash and no salary slip, some of them will give evidence in support.

5. You may be having ESI and PF , was there any deduction to this effect from your monthly wages.

6. How long have you been working there?

First please contact Labour Office/Officer of the area and explain your problem in detail, they will help you. If you are not satisfied, then please contact some advocate or Trade Union who will be able to help you andsome cost will be there.

Warm Regards

Bharat Gera
HR Consultant
30th September 2017 From India, Thane
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