How Can I Resolve Unpaid Salary Issues When My Employer and Consultancy Disagree?

Dear seniors,

I have worked with a private firm which had outsourced the employment to a consultancy. So, we are off-roll employees working for a private firm. The private firm has lost the business to another firm, so we were asked to resign. We have worked for 15 days in the month of December. We were told that we will be paid the salary for the worked days. We have finished all the formalities for the full and final settlement. However, when we contacted the consultancy, they say that they have a problem with the payment and still have not received any confirmation from the private firm regarding the full and final settlement. There is a problem between the consultancy and the firm, so why stop payment for employees? We are unable to get the PF amount as well. Therefore, I am planning to report to the labor commission office. Please guide me through the process.

You have worked only 9 months and 2 months respectively. There are two questions on my mind:

1. Have you received a confirmation letter?
2. If you have received an appointment letter, what are the conditions of employment?

Please provide me with sufficient information.

Dear Vikash Sharma,

First of all, thanks for your prompt reply. Here, I worked as a contract employee, and there is no question of confirmation. But as a right, I should be paid my 15 days' salary for which I have worked and my PF. There is an issue between the firm and the consultancy in some money matters. Why should we suffer for their issue?

Hi dear,

Correct, why will you suffer; this is totally taken care of by your employer. Every employer shall be responsible for the payment of all wages required to be paid to persons employed by him. If they don't comply, the law dictates auctioning off the fixed assets and disbursing all salary amounts.

Don't panic. You should write a humble letter to your employer, mentioning a time frame and requesting your payment. This is necessary for maintaining records for future reference.

If, after receiving the letter, your employer remains reluctant to provide your salary, you should send a reminder letter, specifying a timeframe for payment. If they fail to pay within the stipulated period, then write a request letter, referring to the earlier correspondence you had sent to your employer, to the Assistant Labour Commissioner (Central) or the Assistant Labour Commissioner (State).

For PF purposes, if you have a PF account number and do not wish to contribute further, write a letter to your employer referencing your PF account, including all necessary details such as your salary slip, and request the withdrawal of PF funds due to the termination of employment.

If you do not have a PF number, write a letter detailing your salary slip information for each month, payment deductions, and request your account number. If your employer does not provide the account number, send a request letter to the EPF Commissioner, referencing the earlier communication sent to your employer.

You will definitely achieve a positive outcome.