• No salary from last 2 months

Hi,
I am working in a private software company in Bangalore. I have not received my last two months salary. Its almost 6 month back I joined the current company.
Apart from it they have taken my original document/certificate & till now they have not issue me my offer later.
Now I have one new job opportunity in my hand but without original certificate I cannot joint new company.
My concern is how I can get my original certificates from current employer & since its almost 6 months how I can get my reliving letter from them.
Asked 7 years ago in Labour

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4 Answers

1) submit your resignation from company

2) serve the notice period of one month

3) on completion of notice period company will give you relieving letter from the company and return your original documents

4) you can then join new organisation

5) to recover your salary you can issue legal notice to company

6) if company fails to pay file summary suit to recover your dues

7) if company refuses to return your original certificates file police complain under section 406 of IPC for criminal breach of trust

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Hi, First you have to lodge a police complaint against the company for with holding the original documents and also lodge complaint before the Deputy Labour commissioner.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

Hi

1) In your case, since you have not been issued even an offer letter, you are a temporary / contract employee and hence your employment (inspite of no offer letter) is governed by Indian contract act and host of other labour laws.

2) Payment of wages act will be the law governing your employer. Under section 5 (1) of payment of wages act, salaries should be paid to both employees and contractors before the expiry of the seventh day,after the last day of the wage-period in respect of which the wages are payable:

3) In case your employer has not paid salaries , then he has violated both the indian contract act as well as payment of wages act.

4) You should issue notices to employer demanding the

a) payment of salaries and

b) return of academic certificates and

c) Issue of service certificate and relieving letter.

.

5) if your employer does not pay the salaries and return the academic certificate inspite of the notices, please note that you have the right to pursue

a) A criminal complaint with the police for not paying salaries and with holding your academic certificate and /or

(please remember your employer has not issued any offer letter to you and also that he is withholding your academic certificate which is a criminal offence.

b) file a complaint with the Labour department on the grounds of non issue of offer letter, non payment of salaries and withholding certificates inspite of you working for the company. SInce your employer has violated all of the known labour laws, his office premises will be sealed by labour department and personal properties of employer will be attached. So No employer will risk the labour department.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The employer cannot stop your salary for two months and there is no reason for you to work without salary for two months or more.

You immediately represent the matter in writing to the management of the company and demand the salary dues to you as well as tender your resignation and also demand the return of your certificates held by them.

If the company is not responding properly then you my send a legal notice demanding the reliefs after which you may take legal action through court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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