How Can I Report My Employer for Unpaid Salaries and Missed Tax Filings?

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 a couple of months despite multiple assurances and reminders and has also defaulted in Statutory Filings of PF/Professional Tax/TDS filings for a few months.

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

Thank you,
MJ

Initially, your request for two months' salary has to be given in writing to the employer only. If you do not receive it within a reasonable time, let's say a week, you can lodge a complaint with the Labour Officer. In the meantime, inquire with the Employees Provident Fund Organisation whether the PF dues are paid or if there are any outstanding dues. Regarding Professional Tax, it is payable on a half-yearly basis. As for Income Tax, 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 bing on you by any chance?
e) How much is the organization 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 show cause notice as to why the payment is pending?

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Hi MJ,

My advice is to refrain from legal cases and try to solve it amicably. This is not new, especially in small and mid IT companies. Before that, you should have been an important revenue generator for the previous organization.

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

Also, keep your records of your overall revenue generation by you and your team for the tenure you were working there and try to talk to board members directly. I am sure they will oblige if the option of legal action can be avoided.

All the best.

Thank you, Prabakar and seekconsulting,

I had tried writing and seeking my dues by all possible and amicable means. It was in the interest of the company that I helped when I left, only on assurance from the HR Head that within 15 days, my salary dues would be settled. However, final settlement might take time, like a month or two. Hence, it was a gesture of help on my part to leave the company and also to save my reputation. This company has neither paid PF dues nor filed TDS Returns, despite deducting it from all the employees. This was evident when the PF office served them a notice. Moreover, they have not even settled salaries for more than 100+ employees who left for reasons not of their own.

When I sent mails requesting for dues, they chose to threaten me with statements like not providing clearance when any new employer conducts a background verification. I had no option but to put it on record and escalate it to the chairman of the company through registered post.

I have sought opinions from this forum on legal aspects before taking any legal action against them. After your advice, I shall decide on the further course of action, as the only sole earning member who has not received my dues nor statements on PF and TDS.

Many employees have left Quintegra in the last six months, and their settlements have not been processed. 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, and the Industrial Disputes Act, 1947.

I have written letters to them, and they, in turn, have sent messages through people who are currently or recently left employees. Smartly, they have not put these communications in written records. There is a clear violation regarding PF and IT returns as they have deducted these amounts but not deposited them anywhere, and they are not responding to my written requests.

Under these circumstances, I need to know what remedies are possible. Thank you.

It looks like a classical example of exploitation. Lodge a written complaint in the Labor Office with the Labor Officer of the region of your office. Provide them with all the details and encourage your other colleagues to file their complaints as well. If things are so bad, then definitely steps should be taken to restore the rights of the employees.

Saurabh

Thank you 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 en masse to lodge the complaint. Whereas, in the case of Quintegra, the salaries are pending for many people who were forced by HR to leave the company as the intent was not to pay and keep their record clean, indicating that people left on their own. I am in touch with a few of these employees who left and are under tremendous stress, lacking direction and guidance in such situations.

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

MJ

Yes, MJ. I accept that many company employees did not receive salary payments. I left Quintegra at the end of February 2009, and I still have not received that month's salary and other settlement.

Thanks, Guna

I had the same problem as yours. My company has not paid me two months' salary. When I inquire, they issue a salary cheque for me, but unfortunately, the cheque has bounced. What should I do? What is the best way to receive my salary?

Thank you.

Seeking Advice on Salary Recovery from Employer

My case is a little bit different. I have an appointment letter from the company and worked with them for four months. The company only paid fifteen days' salary after two months. Due to non-payment, I resigned upon completing four months. When I asked for my salary, they provided multiple excuses for not paying. After a long fight, they paid another fifteen days' salary. When I resigned, they accepted my resignation. I still have three months' salary pending with them. Please suggest how to get the salary from them.

Regards,
Amit