My Employer Is Not Paying My Salaries For Last Two Months And Now Harassing Me

Dear friends,

My employer has not paid my salaries for the last two months (July and August 2013). I was working with this company from home. I had to go to my native place for a family emergency in the first week of September and informed my reporting boss. Unfortunately, my phone did not work from September 5th until September 18th. I called my reporting boss as soon as my phone started working, and I found out that the company had terminated me because I was unreachable for quite some time. Even though I had already shared the emergency with my boss through chat and have the screenshot, which I have shared with the company's HR and Director. Now, when I asked for my overdue salaries, they said that I must first submit the medical documents of my family member before they will address it. I want to understand how they can ask for my personal details even though I had informed them beforehand, and despite that, they terminated me without any notice.

Kindly help me understand what I should do to receive my salaries. I have been trying to call them, but they do not answer my calls. When they do, they provide unnecessary excuses and request irrelevant documents.

I hope you can advise me on the way forward. They seem to be treating others similarly, although others are not inclined to take any action. However, I am determined to fight for my rights.

My company is based in Hyderabad, and I was located in Delhi NCR. I need a solution that does not require my physical presence as I will be traveling out of India very soon.

I look forward to your genuine suggestions and guidance.

Thanks,
Rajesh

Things you are posting do not seem to add up in the current environment.

You have not stated when you went on leave. I assume it was the beginning of September. For 15 days, your phone did not work. This, again, is unacceptable in the current scenario. Everyone has phones, and every part of the country is connected. You just had to borrow a family member's phone and get in touch with the office. Don't tell me you didn't have the contact number or that it was in your non-working phone. You could always google your office number or, in the worst-case scenario, send an email from somewhere. Since you didn't bother, the company is absolutely within its rights to terminate you. Do you think they will be waiting forever for you and let their work suffer? Since you left without notice, they are free to deduct 1 month's pay for the notice period.

I do not understand why your July salary was not paid. It should have been paid before you went on leave unless there are some things you are not disclosing.

About medical records, you left on the pretext of a medical emergency in the family and then didn't return to work. Now you are going out of the country. It looks very clearly to be a concocted story. It sounds fake, like something someone would make up to avoid serving notice pay when they have got a job abroad. On the other hand, you want the company to pay you without you serving or paying the notice pay. They are very much correct in asking for proof that it was an actual medical emergency. If you had given it immediately, the company would consider the matter genuine and give you your salary. Since you didn't, it's likely to consider your story fake.

I don't think you can do much.

At best, you can file a complaint with the labor officer for non-payment. But then you need to be in Delhi or Hyderabad. Again, if they don't have a Delhi office, not much can be done there.

Dear,

I had informed them about my absentee and I have the proof of the same. Still, would providing the documents of a medical emergency help me? My July and August payments are pending because they have not paid anybody in the company, even after conveying that I am moving to my hometown and my reporting boss confirmed this to me, which has also been conveyed to the head office.

Can I hire a lawyer who can take this case ahead in my absence? Please suggest.

I went on leave on the 5th of September and informed them on the same day. They terminated me on the 12th of September.

I was on probation for six months, and it's been just four months.

Why are you going abroad? Forget about fighting for your rights; litigation takes a long time to yield any results, and you will be spending a good amount of money for the lawyers to fight your case.

It's a huge amount, 1.5 lakhs, for 2 months. They are doing this to every employee and not paying them. So, all of them are leaving this company. This company has been in the market for just 4 years. Will providing medical documents of my family member help?

Providing proof will certainly strengthen your case. But litigation will take years to bear fruit.

If the company is not paying anyone, then anything you do will be a waste of time. Obviously, they do not have money. You can always try; you can get a lawyer to fight on your behalf. But is there a realistic chance of getting the money? Especially when you are at fault for apparently absconding without notice. Your notification that you will be out of town (I don't know what exactly you wrote) will be of little use in view of your subsequent behavior, which seems to be premeditated to leave without notice.

I am surprised they are paying you $75,000 per month for work at home, and you endangered this by not bothering to contact them when your phone was offline. Or is there more to the story that we do not know.

Hello,

Like Saswata Banerjee and Simhan mentioned, you are wasting your time, money, and effort by thinking of going legal. Either you are REALLY naive OR pretending to be one--like Saswata Banerjee mentioned, you gave them a chance to do what they are doing--that too knowing fully well that the Company doesn't seem to be having money to pay salaries. Sometimes, it pays to CUT DOWN the loss than to spend more in the eagerness to increase the gain.

WHAT IF the case goes against you--given the details you mentioned in this thread, that's a distinct possibility? You would not only be losing the ~Rs. 1.5 Lakhs but ALSO the legal costs. And it's up to you on how you value the time and effort in this process. I suggest just MOVE ON AFTER learning from this experience. All the Best.

Regards,
TS