How Can I Recover My Unpaid Salary and Dues from My Previous Employer?

Dear Seniors,

I was working in an EPC giant in Ahmedabad, Gujarat, as a Senior Executive in HR. They took one month's salary deposit through a DD before my joining in the name of training and retention. They informed me that it would be refunded after I complete one year in the organization. However, after the first month in the organization, I was expecting my salary, which did not happen. When I asked my reporting manager, I was told that I would receive it in a couple of days. Upon inquiring with my colleagues, I learned that there was a salary delay of around 3 months in the company. In June '15, the salary for April '15 was being paid, and not to all employees. I was taken aback as I was not informed about the delay.

I raised this issue with my reporting manager, who acknowledged the delay but suggested that I could request an advance (salary for the month I had already worked for) as a favor. I was also informed that the Finance & Accounting team was working hard to address the delay and that things would be streamlined by July. The head of the F&A team also assured me of the same. However, months passed, and I had to go through a cumbersome process of requesting the advance, which took almost 10 days to complete, and another week or so for the check to be prepared. Frustrated with the situation, I decided to seek other opportunities.

Now, I have outstanding annual dues, 2 months' salary, and pending PF amount with them. I would appreciate your guidance on how I can recover these amounts.

Kind regards

It seems unimaginable for a company to indulge in such dubious practices as taking one month's advance salary from the candidates as security. Yet you call it an "EPC Giant"! Maybe that is how they present themselves!

The only solution is to pursue the matter vigorously, and if things do not progress, then inform them that you shall be taking up the matter legally. Please also mention to them that despite being a female employee, you have been unnecessarily "harassed," and you might consider filing a criminal case against them.

Warm regards.

Thanks a lot, sir, for such a quick response. They have already sent me a notice to serve the notice period, to which I had asked them to deduct my one-month salary in lieu of notice and release the pending payment. My question is, what is the procedure to challenge them legally?

Compliance with PF and Salary Payment Regulations

As per the PF Act, your PF dues for a particular month must be paid to the RPFC by the 15th of the following month as mandated by law. Failure to do so requires immediate action, either by sending a letter of complaint or submitting an online complaint, to ensure prompt resolution by the relevant authorities.

In accordance with the Payment of Wages Act, salaries should be disbursed by the 10th of the subsequent month. If this timeline is not adhered to, it is essential to lodge a complaint with the appropriate regulatory bodies in your area.

These violations are considered serious offenses, and non-compliance will be addressed rigorously. It is imperative that you address this matter promptly not only for your benefit but also for the well-being of your fellow employees. Prior to taking any formal action, it is advisable to issue a notice to the relevant parties, stipulating the necessary actions required. Failure to respond to this notice will result in escalating the matter to the appropriate authorities.