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Author Topic: Non Payment of salary dues  (Read 119 times)

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Offline sameerkhan760@gmail.com

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Non Payment of salary dues
« on: November 11, 2016, 07:06:30 AM »
Hi,

I need legal advice on my below concern.

My brother was working for a Logistic Company H.O. based at Gurgaon, having operation PAN India & he was posted in Pune since joining ie; Aug' 2015.
He was working as Manager & supervising Pune region for a department.
He is a permanent employee with Letter of appointment & all necessary documents.
Notice period: 03 months
In Aug'16 Company was took over by another firm. (new firm Unofficially stated they are not interested to work with old employees, due which 70% of staff was resigned) & new firms management took over the daily operations.

Nonpayment of salary due:
However, my brother continues with organization & received his wages for the month of Aug’16.
Whereas his wages was made with held for the month of Sep’16 without any prior intimation or notice or any stated concern. Though he worked for entire month & attendance was updated eligibly.

As professional ethics he has made many verbal & written (e-mail) communication stating the ‘concern of salary withheld’ without any reason, but no written mail was replied to answer his query. During the communication all the hierarchy protocol was marked.
When he co-ordinated with H.R. personnel, they have stated that ‘now they are working as consultant for couple of months only & do not have any power to reply his concern, thereby  my brother have to co-ordinated with new management personnel’s.

As stated earlier , new management personnel have not replied anything in written (mail) but verbally given all the falsified committed dates (all verbal communication are recorded). Here I also would like to add that from the time new firm took over there personnel (State Head) started harassing my brother & times stated company is not interested to give any 3 month severance salary amount & will not layoff.

After this ordeal & prolonged experience my brother officially resigned (e-mail) on 24 Oct’16 & tendered hard copy by postal to head office. In spite of above as of now there is no communication replied.

My brother have the possession of company assets (Laptop) & now due which he is receiving threatening call from company personnel to submit assets or they will file a police complaint against him.

However my brother replied ‘that he will suerly hand over the assets but firstly you have to accept his resignation & secondly release the pending salary due for the month of Sep’16.
But they are stating that salary payment & resignation is different matter, as he have now resigned from the organization so first you have to handover the asset.

Note: All verbal & written conversation is recorded.

Dear team I need legal advice as how to handle the above concern & what if they make police complaint.
« Last Edit: November 11, 2016, 07:12:00 AM by sameerkhan760@gmail.com »

Offline sameerkhan760@gmail.com

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Re: Non Payment of salary dues
« Reply #1 on: November 12, 2016, 06:56:30 AM »
Hi,

I need legal advice on my below concern.

My brother was working for a Logistic Company H.O. based at Gurgaon, having operation PAN India & he was posted in Pune since joining ie; Aug' 2015.
He was working as Manager & supervising Pune region for a department.
He is a permanent employee with Letter of appointment & all necessary documents.
Notice period: 03 months
In Aug'16 Company was took over by another firm. (new firm Unofficially stated they are not interested to work with old employees, due which 70% of staff was resigned) & new firms management took over the daily operations.

Nonpayment of salary due:
However, my brother continues with organization & received his wages for the month of Aug’16.
Whereas his wages was made with held for the month of Sep’16 without any prior intimation or notice or any stated concern. Though he worked for entire month & attendance was updated eligibly.

As professional ethics he has made many verbal & written (e-mail) communication stating the ‘concern of salary withheld’ without any reason, but no written mail was replied to answer his query. During the communication all the hierarchy protocol was marked.
When he co-ordinated with H.R. personnel, they have stated that ‘now they are working as consultant for couple of months only & do not have any power to reply his concern, thereby  my brother have to co-ordinated with new management personnel’s.

As stated earlier , new management personnel have not replied anything in written (mail) but verbally given all the falsified committed dates (all verbal communication are recorded). Here I also would like to add that from the time new firm took over there personnel (State Head) started harassing my brother & times stated company is not interested to give any 3 month severance salary amount & will not layoff.

After this ordeal & prolonged experience my brother officially resigned (e-mail) on 24 Oct’16 & tendered hard copy by postal to head office. In spite of above as of now there is no communication replied.

My brother have the possession of company assets (Laptop) & now due which he is receiving threatening call from company personnel to submit assets or they will file a police complaint against him.

However my brother replied ‘that he will suerly hand over the assets but firstly you have to accept his resignation & secondly release the pending salary due for the month of Sep’16.
On to the fact: He has lost the laptop & made the FIR at Police station.


Note: All verbal & written conversation is recorded.

Dear team I need legal advice as how to handle the above concern & what if they make police complaint.

Offline riteshmaity

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Re: Non Payment of salary dues
« Reply #2 on: November 21, 2016, 08:58:41 PM »
1. Your brother has worked for probably 1 year but the new management is no longer interested in taking/ absorbing old employees which is illegal and amounts to termination/ retrenchment. In such cases, the company is liable to pay retrenchment compensation. But since your brother has only worked for 1 year, it is better not to go for that route.

2. If your brother is a manager, by nature of work and not just by designation, then he will not be a workman and Industrial Disputes Act will not be applicable. Then remedy for you will be tough.

3. But if your bother just want to severe relationship with the company after getting salary, then it is advisable to demand such salary in writing and send the letter through speed/ registered post or directly send a legal notice through lawyer. In spite of such letter, if the company fails to pay, then you can approach proper forum/ court.

4. Regarding the laptop, write to them that you are ready to give a handover the laptop as along with acceptance of resignation and hand over of charges. When you handover, make sure that you have received a written acknowledgment from the company that they have received the laptop in proper condition (both in relation to hardware, software and other data).

5. If the company threatens you in any manner, complaint to them in writing and also immediately lodge a compliant before your police station. Actually the company may file a fictitious charges against you regarding the laptop in order to harass you. So before they react, you do it first and fast.
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