Struggling to Get Unpaid Salaries: What Can We Do When HR Withholds Payments?

I'm a software programmer who worked for a software firm in Hyderabad. The company was not paying our salaries on time, and this had been going on for 6-8 months. We sent many emails, but they kept telling us that they would pay, although it would take some time. In February 2013, we stopped going to work. We did not officially resign from the company. A few days ago, we spoke to HR, and now he is saying:

"First and foremost, we have received your formal resignation as of today (4/7/2013 - 11:30 pm) via email. According to our attendance records, you were only present for 4 days in February 2013, with your last attendance being on 9th/02/2013 without any official intimation of stopping work thereafter. As per our company's terms and conditions, a confirmed employee must give at least 2 calendar months' notice before leaving the organization, which you failed to do. Consequently, the company reserves the right to withhold your due payments."

Can anyone help me or suggest what my colleagues and I can do to receive our outstanding salary dues?

Do you have a copy of the email you sent to HR regarding your salary? Do you have a copy of the email you received from HR? What assignment were you given before February 2013 by the company? Explain to them that you completed a significant amount of work before February 2013, yet you did not receive your salary until February 2013, despite not resigning. As we were not paid, we had to seek income elsewhere to support ourselves.

While what you suggested, "Since we did not get a salary, we went to earn money for our empty stomach anywhere," may be factually correct, I doubt if it can resolve the problem the thread-initiator has.

To the thread-initiator - Ashok Pal has, however, mentioned a few very crucial aspects. Have you saved the emails you mentioned you wrote/got regarding this subject? Also, what is the strength of the company, especially those who got affected due to the non-payment of the salaries? Lastly, what is your experience level and skill set?

I suggest posting your resume in this forum—some members could help you move forward. This is not to say that you should forget your dues.

All the best.

Regards,
TS

Guys, thanks for your replies and suggestions. After I talked to HR and the management, they released an email stating that we'll clear the dues on an installment basis. The dates were given as May 5th, May 20th, and June 5th of 2013. However, I did not receive the money on the respective dates. The company has a staff strength of 40-55 employees, with two departments terminated, and only one department currently functioning and receiving their salaries on time. We, a group of 10 members, are the affected individuals. I am a PHP programmer with over 3 years of experience. I have the email regarding the installments, and I am considering approaching the Labor Commissioner's office to file a complaint against the company. Will this action be helpful? Kindly advise me on the formalities for filing a case.

Thank you

Today, we went as a group of 5 members and met an officer at the Labour Commissioner's Office. He instructed us to write a complaint letter and attach the documents (payslips, bank statements, offer letters), along with all our signatures in the letter. Does anyone know how much time it will take for action to be taken after lodging the complaint?

Today, we went as a group of 5 members and met an officer at the Labour Commissioner's Office. He instructed us to write a complaint letter and attach the documents (payslips, bank statements, offer letters) along with all our signatures in the letter. Does anyone know how much time it will take for action to be taken after lodging the complaint?

Labour Office Location and Process

Where is the Labour Office located? Is it at RTC X road or Patancheru? The process involves conciliation proceedings, which begin with sending a show-cause letter to your current employer to provide an explanation or for joint settlement. Generally, it takes up to 45 days. If the grievance is not resolved within the stipulated period, the case will be referred to the Labour court. The adjudication is final, binding both parties.

Regards,

Labour Office Location and Process for Conciliation

Where is the Labour Office, whether in RTC X Road or Patancheru? The process involves conciliation proceedings that start with sending a show cause letter to your present employer to seek an explanation or for joint settlement. Generally, this process takes up to 45 days. If the grievance is not resolved within the stipulated period, the case is referred to the Labour court. The adjudication is final, and both parties are bound by it.

It's in RTC crossroads. Will it take 45 days? What do you suggest? Should we approach the Labour court directly or the commissioner? I heard some say it takes 72 hours or 15 days to resolve this issue. Kindly suggest what we should do.

Regards

Dear,

As per the ID Act 2010 amendment, if the conciliation proceedings do not come to a conclusion after approaching the ACL, then we can go to the labour court, or the ACL himself can refer this case to the labour court. Generally, it takes time when the management does not come to settle the matter; otherwise, it may be resolved as soon as possible. Please have patience until it is solved. Clear?

Regards

I would suggest you explore the possibilities of filing an application against your employer under the Payment of Wages Act; this may be more effective and time-saving. The application is to be filed before the Authority under the PWA. The RLC Office may be able to guide you to the said authority as well as the suitability of action.

Regards,
S.K. Johri

When I approached the Labour Commissioner's Office, they said to file a complaint, and they'll take care of the rest. He checked whether the company is registered or not, and he took the registration number. Monday, we are going to submit the complaint letter. Anyways, I will look into your suggestion. Thank you.

Regards,
[Your Name]

Mr. S.K. Johri has given the best suggestion to get your payment. First, file an application as per Section 15(2) of the Payment of Wages Act, which should solve your problem as well as get compensation for the undue delay, as the case may be. It is always good to take the help of a legal practitioner since your employer will also engage someone on their behalf.

Regards,

I used to work in a clinical research organization as a trainee clinical research associate in Mumbai. The company was not paying the salaries on time. When I joined the company, it was assured to the trainees that our salary would be 2 weeks delayed. Despite this assurance by HR, the salary was delayed for one month, and after that, we did not receive any salary. This same procedure has continued. Many employees left the job due to this issue, and I also gave my resignation two weeks ago.

Upon receiving my resignation, due to the shortage of employees and an overload of work, the chairperson himself made a commitment in front of all other employees. He stated that if I extended my notice period for a few more days and waited until their study was completed, he would release one salary for me along with the current working employees. A few days ago, as there was no HR available, I approached the assistant manager. Now, he is saying,

"I have talked to the chairperson, and he says he never made such a commitment. Your pending dues will be cleared along with the people who are still waiting for their salary from the last 2-3 years."

Can anyone help me or suggest to me and my colleagues what we can do to get our salary dues?

Dear Rajgar, From your communication, it is not clear whether you have tendered the resignation and whether the same has been accepted. If yes, please consult a lawyer and file an application under sec. 15(2) of the Payment of Wages Act.

In case you have resigned and you have not been relieved, please write to the authority concerned conveying that since you have submitted your resignation as per the rules of the company, it is not possible for you to linger on for an indefinite period either without wages or on staggered wages. Hence, you will not be able to attend your duties with effect from the relevant date, considering the resignation as effective. But beforehand, please ensure the handing over of all company items under your charge to the officer concerned, obtaining a proper receipt for the same.

Regards,
S.K. Johri

As the commissioner has requested you to submit the documents, it would be better if you do so. You can also ask him how much time it will take to resolve the issue. Hopefully, you will receive a satisfactory answer, but make sure to continue following up with the person handling your concern and also actively search for a new job for yourself.

All the best.