• Dues not paid

I started working for a call centre in Oct. They sent Letter of Intent via official email ID however kept delaying the offer letter. I realised they pay every employee in cash when I got my October salary late on 16th Nov paid in old notes inspite of the government's demonitisation move.
On 30th Nov, I and many other employees were asked to resign mentioning that due to demonitisation they were in losses and want to reduce cost. We were promised Nov Salary will be paid along with 15 days severance by 20th Dec. We are still waiting for our dues. On enquiring, we only get a new date everytime.
What are my options to recover our dues?
Isn't paying fat salaries in cash illegal as it avoids all taxes?
Isn't paying using old notes illegal after govt announced demonitisation?
Asked 7 years ago in Labour

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3 Answers

1) issue legal notice to company to pay your outstanding dues for month of November and 15 days severance pay

2) payment of over Rs 20000 has to be by cheques only . Hence in your case payment ought to have been by cheque only if it exceeds Rs 20000

3) after demonetisation payment by old notes of salaries would be illegal but since old notes were legal tender till December many companies have paid employees by old notes

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

1. if they have not aid the legitimate dues you can file civil suit for recovery of money. ince such suit takes time that is not a good remedy.

2.Hence I would advise you to lodge complaint of cheating and criminal breach of trust on which basis a FIR would be registered and that alone would ensure speedy clearance of your dues.

3. You can prove the payment in old notes.Hence forget this issue and lodge complaint of cheating.

Devajyoti Barman
Advocate, Kolkata
22994 Answers
501 Consultations

5.0 on 5.0

1) complain to income tax department against company making cash payments of salries over Rs 1 lakh to evade tax

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

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