Dear Friends,
I have been following various posts on this site and must say that some insights are really useful. It is great to find a forum of like-minded professionals.
Well, I have some information to share and I also seek some info and guidance. I was working for a consultancy firm as their regional manager in Uttarakhand from 25th Jan 2008 to 31st Jan 2009. They are the diciest bunch of people who have lied to their employees and have not paid the complete salary (reimburseables for 7 months).
Help is needed because these people are not issuing Form 16 for TDS they have deducted from my salary for the FY 2008-09. The Director himself does not respond to mails/phone calls by me and some of my other ex-employees requesting the same. In addition to this, the reimbursable part of my salary, which amounts to about Rs. 82,000, is not being paid.
On querying about the same, the reply is that they have no money in the bank. It has come to my notice that they are looking at buying property in the places where their regional offices are - Ahmedabad & Dehradun. What legal action can I take?
Thank you.
From India, Delhi
I have been following various posts on this site and must say that some insights are really useful. It is great to find a forum of like-minded professionals.
Well, I have some information to share and I also seek some info and guidance. I was working for a consultancy firm as their regional manager in Uttarakhand from 25th Jan 2008 to 31st Jan 2009. They are the diciest bunch of people who have lied to their employees and have not paid the complete salary (reimburseables for 7 months).
Help is needed because these people are not issuing Form 16 for TDS they have deducted from my salary for the FY 2008-09. The Director himself does not respond to mails/phone calls by me and some of my other ex-employees requesting the same. In addition to this, the reimbursable part of my salary, which amounts to about Rs. 82,000, is not being paid.
On querying about the same, the reply is that they have no money in the bank. It has come to my notice that they are looking at buying property in the places where their regional offices are - Ahmedabad & Dehradun. What legal action can I take?
Thank you.
From India, Delhi
dear you file a case withlabour dept under payment of wages act for your payment but you should have proof . regarding TDS certificate made a complaint to income tax dept. tks j s malik
From India, Delhi
From India, Delhi
Hi Anandita,
I request you to kindly file a complaint with the income tax department stating that Form 16 is not being provided by your ex-employer despite repeated reminders. It is advisable to gather all relevant documents, including your follow-up emails.
Another option is to send a written notice to your employer regarding the non-issuance of Form 16, despite TDS deductions in your salary, and send a copy of the notice to the income tax department. Both letters should be supported by evidence.
Once you have completed these steps, submit a complaint to the labor department under the Payment of Wages Act, along with the aforementioned documents.
Hope this guidance is helpful.
From India, Mumbai
I request you to kindly file a complaint with the income tax department stating that Form 16 is not being provided by your ex-employer despite repeated reminders. It is advisable to gather all relevant documents, including your follow-up emails.
Another option is to send a written notice to your employer regarding the non-issuance of Form 16, despite TDS deductions in your salary, and send a copy of the notice to the income tax department. Both letters should be supported by evidence.
Once you have completed these steps, submit a complaint to the labor department under the Payment of Wages Act, along with the aforementioned documents.
Hope this guidance is helpful.
From India, Mumbai
From what little I know of the company, they folded up but paid their statutory dues within the legally stipulated period. I would welcome, though, your updated assessment. Perhaps you have already posted it, but I can't find it—only your original post features.
Regards,
R. Sujan
New Delhi
From India, New Delhi
Regards,
R. Sujan
New Delhi
From India, New Delhi
Thank you so much for the telephonic clarification provided to me last week. I do appreciate it. The director is perhaps 25 years my junior, but we share the same alma mater – IIM-C. I am also an alumnus of the Harvard Business School. He invited me to associate with him in his current venture. It is in this context that I responded to your post and then later called you. You sounded like someone who is fair, just, and forthright. As discussed, I trust you will update the post and state that the Form 16 due to you was indeed sent. I have seen a copy of the form—it was issued well on time. I know that you stated it was quite a struggle to get the Form 16. Perhaps you could elaborate.
Further, you did tell me that your travel allowances were withheld. The response he gave you was that the clients did not pay that amount. Do mention in the post whether the allowance was part of the employment contract with you or dependent on client payments. Let him respond thereafter. It would be fair and just to clear the matter since it is a public accusation that merits resolution.
From India, New Delhi
Further, you did tell me that your travel allowances were withheld. The response he gave you was that the clients did not pay that amount. Do mention in the post whether the allowance was part of the employment contract with you or dependent on client payments. Let him respond thereafter. It would be fair and just to clear the matter since it is a public accusation that merits resolution.
From India, New Delhi
Reminder on Forum Conduct
Cite.Co is not meant for public accusations. I would like to remind all members to avoid mentioning company or personnel names. The goal of this community is to create useful conversations on organizational and professional problems, and the focus needs to remain on the problem. I have removed the company/personnel names mentioned in this thread.
Regards,
Sid
From India, Gurgaon
Cite.Co is not meant for public accusations. I would like to remind all members to avoid mentioning company or personnel names. The goal of this community is to create useful conversations on organizational and professional problems, and the focus needs to remain on the problem. I have removed the company/personnel names mentioned in this thread.
Regards,
Sid
From India, Gurgaon
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(Fact Checked)-The user reply contains accurate and helpful advice based on the labor laws and procedures. No amendments needed. (1 Acknowledge point)