How Can I Recover Unpaid Salaries and Benefits from My Former Employer?

I worked in a Pvt Ltd company for the last 4 years. However, they have not paid us the salaries for the months of August, September, and October 2012. I have submitted a written email regarding my salary, but the company terminated me without any written information and did not settle my account. The company has not deposited the PF and ESIC on a monthly basis and is unwilling to sign the PF withdrawal form.

Steps to Receive Unpaid Salary

Please advise me on the steps I should take to receive my salary. If you require any additional information, I will gladly provide it. Kindly guide me so that this situation does not occur with this company in the future.

With Regards,
Vishal

No company can withhold salary without reason. You have every right to know why the company has done so. Also, if they have terminated you on these grounds, it is unfair to an employee who has been working for more than 4 years. I see some facts missing. Can you provide a few more details:

1. Type of industry
2. Working conditions
3. Has your company been making losses for the past few years?
4. Are you the only one this has happened to?
5. Termination on what grounds - the exact reason.
6. If the termination is not documented, how do you know?

Regards,
Hiral

Dear Hiral, I am providing you with the requested details:

1. Seeds Industry
2. Regular Employee
3. Yes, the company is in loss
4. No, management has terminated the employee but taken his resignation to avoid giving the salary for the notice period
5. The company has no funds
6. It's only a verbal instruction on a mobile call by senior management staff, and the said staff did not pick up my call nor reply to my email.

With regards,
VISHAL

Management has consciously taken this step to avoid payment as its financial position is weak. Also, it is certain that the employees will not seek lawyers' guidance as it is quite time-consuming and costly.

Steps to Address Salary Issues

The first thing you must do is start searching for a new job. Secondly, all the employees together can put forward to management to pay at least the salary for 2 months if not the notice pay.

If you can seek a lawyer's advice, it can help you best with your salary issue and also PF withdrawal.

Regards,
Hiral

Thank you for taking an interest in my problem. Please tell me how to withdraw our PF because the employer has not deposited it since April 2011. I just checked with the PF office, and they confirmed that the PF has not been deposited for the last few years.

I am in a financial crisis because I have not received my salary for the last three months.

Please suggest.

Regards,
VISHAL