Non-Payment Against Working By Employers

I am facing problem of salary release against my past two employers, one employer promised to pay after FnF settlement duly agreed but till date not paid reason given is that company is not in good financial state.
Second and last organisation hold back salary, other perks and notice period payment since Jan'14, reason given that hiring is done on contractual and performance basis.
At this stage stuck with no job and financial constraint to run my family expenses.......need guidance and support to get out of the situation.

In reference to your first company if company is not clearing your dues then you can go to the labor court and filled your complaint against the employer. In reference to your second company firstly you have to check through appointment letter that your services are on contract basis or permanent nature. Although organization to bound to pay your complete dues as per their full and final policy.If they denied to do the same you can go to the labor court and filled your complaint.
Hoping proper resolution of your query ASAP.
Regards,

Thanks for a value add suggestion, however second organization is now claiming that I was on contract and performance basis and asked to leave services due to non-performance. However they have not even given any Appointment Letter with company terms and conditions and have an acceptance against same, they have an intention to hold back salaries as a best practice because there are more employees who are facing same problem with the organization.
warm regds
Neeraj

-send them a legal notice thru a lawyer, asking them to make your F&F settlements along with 18% interest per annum due to delay in making the payment along with compensation for positioning you to financial crisis under failure of settling your payments & to perform the same within 15 days, failing which the same will be recoeverd thru labour commission.
-if co., fails lodge complaint in labour commission & the same will be recoeverd
-Co., should settle the pending due of employee(Permanent, Temporary, Consolidated, Direct Contract) failing is unlawful.
-Stating employee performance as basis for F&F settlements is void.
advance wishto you for winning the case

Dear Neeraj,

You have made clear in your subsequent mail that in your second organization you were on contract and performance basis and you were asked to leave services due to non-performance as such your claim does not have much strength. Any grumbling at this stage that you were not given any Appointment Letter with company's terms and conditions has no meaning.You are an educated person as such you should have insisted for the written contract containing the term & conditions initially at the time of your joining. As such you cannot guess about their intention to hold back salary now at this stage.We need to have the following information to assess the exact nature of your claim for full & final settlement with your first employer.

(a) Please spell out the exact nature of your appointment, whether it was a regular appointment or you were on contract.?

(b) If it was a regular appointment, whether you have fulfilled the conditions of it ? I mean you have resigned from service by serving the required notice as stipulated or agreed upon at the time of joining the company or have abandoned the service without information?

The plea of the company that they are not in good financial conditions to settle your dues is just a lame excuse, which has no meaning in the eyes of law.I suggest you to give in writing that if they do not settle your dues within one month, you will be constrained to file an application before the concerned labour authority.I am sure this will work.

BS Kalsi

Member since Aug 2011

You are already in financial crisis. Sending lawyer notice and approaching them will be further financial burden and also straining the relationship.
You have continuously contact them by explaining your requirement of finance and ask them to clear at least in installment as they are also in financial problems.

Dear Gurumurthy,
I do not agree with Sh Manoj Liyonzon suggesting the individual to go to court of law through thru a lawyer. I agree with your apprehension that going to Court of Law involves lot of expenditure and delay in settlement of the case.The Individual can himself file an application under Section 15(2) of the Payment of Wages Act,1936 for the delay in making payment before the Authority, where you don't have to pay anything and the settlement is quicker.
BS Kalsi
Member since Aug 2011

Dear Mr.Niraj,
I fully agree with Mr.B.S.Kalsi. Employer refuses to pay his salary either regularly or in full and final settlement in the event of leaving the service, employee shall have the right to approach the Labour Enforcement Officer of jurisdiction and raise the disputes for non payment of salary etc as stipulated in the Payment of Wages Act. 1923 and the authorities shall intervene in the matter and settle your payment by raising conciliation as per Industrial Disputes Act.
Sending lawyers notice and seeking intervention of court of law does not required at all. When the Labour Enforement Officer are exercising their powers for implementation of the laws only., need not to approach court or advocate. First you approach concerned Labour Officer to readdress of your problems.
Hope that you are made it clear.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant