• Company is not paying FNF

Dear Sir,
I have joined DBM Geotechnics & Constructions PVT LTD. in Feb 2012 as Head IT & Systems.
From last almost one year company was not paying salary on time or you can say like after four months they use to release one month salary. this was too much disturbing because of the monthly commitments. 
on 6th December  2014, HR Head called me and asked me to resign or company will terminate you with immediate effect without any reason.
I was forced to resign. at the same time it has been conveyed to me that FNF will be deposited with in 2 days of time.
in fact company is not willing to pay. like me there are so many other employees whose FNF is not paid.  
I am regularly sending reminder emails and messages to Directors and Head HR to release my FNF. but not a single reply I have received. 
One more Problem is that they Have kept Bouncers at the reception of the company office for the people who come to ask for payment.

My situation is really bad. I have not received my 3 1/2 months salary , plus I am jobless from last 2 months.

Salary is the only income for me. due to that I am not able to pay my Home loan EMI.

I went to office to convey the same to management, they are least bothered. They are not ready to speak also.

I am seriously in big trouble. need your Help. Please Guide me for the same.
Asked 3 years ago in Labour from Mumbai, Maharashtra
1) If the company asked you to resign you are entitled to get not only fnf but also compensation for termination from service.

2) The company can not use force, like bouncers to keep away ex employees demanding their legitimate payment.

3) Hope you have documentary proofs regarding your appointment and resignation, its acceptance  by the company etc as they will be required for your battle ahead.

4) Do not expect them to be kind and considerate to you. You need to send a legal notice to the employer demanding immediate settlement of your dues.
5) Of the employer refuses to do so you will need to file a suit for recovery in the court.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1) An employee above manager level or on any management post can not approach Labour Court.
2) As I posted earlier you can file a summary suit in a civil court to recover your dues.

3) Appoint an advocate locally to issue a legal notice first of all.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. If you have been illegally forced to resign, you should have lodged a police complaint,

2. Now also, all of you can lodge  police complaint for illegally forcing you to resign and not paying FNF,

3. After that you all can file a complaint before the labour commissioner of your area,

4. You all can also file Recovery Suit before the civil court against the said Company.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

It is advisable that you issue a legal notice to the company demanding the legally recoverable debt from then which is due to you. If the response is not positive then file a recovery suit in the court seeking recovery of the asking legally due to you.  On your suit, attach all the particulars as you have mentioned above.
Shaveta Sanghi
Advocate, Panchkula
887 Answers
64 Consultations

5.0 on 5.0

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