• Company not giving compensation and salary proofs after termination

Dear sir/mam
I joined an educational institute as a faculty professional in April 2017 on the basis that I will get x amount of salary in hand and whatever taxation on it will be paid by the company on my behalf.For security purpose I asked them for 2 months salary in advance that would be deducted equally in the last 3 months of the yearly tenure and they paid it in my account but not from the company's account. From the company's account I got promised salary for 2 months and den dey started paying partly in cash and partly in account.drspite repeated requests they never gave anything in written for an offer or an appointment letter. Now on completion of my session classes and recovering the advance amount they abruptly tell me on 10th of Feb to terminate me saying Feb and March salary will be given to me. I got the salaries till Feb but from different private accounts and was told there is some problem with the company account. Now after termination of my services for which again I was not given any termination letter in written I asked them to give my March salary from company account and give salary slips for last 3 month. Now they are declining that we will not submit tha salary from company account and also will give the salary after tax calculation that can take few months.it is to be noted that in the year they paid a very small amount of tax on my behalf that too by repeatedly telling them to pay proper taxes. they also declined to give salary receipt for last 3 months and after heated arguments they agreed to mail me the salary receipts. But on mail what I got were fake salary reciepts on company letter head with directors fake signatures. Now after telling them they are fooling me and doing a fraud with me they have stopped any communication with me despite my several attempts on calls. I am totally frustrated as I do not have any proof of my salary now and because of which I am facing a lot of problems in joining a new company. And this is not only the case with me there are 2 other employees who were terminated in the same way and exactly same problems they are also facing.
Please suggest what course of legal action can we take against them.
Asked 7 years ago in Labour

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14 Answers

you dont have any appointment letter from institute

2) appointment letter would mention that in event of termination from service you would be entitled for 3 months salary or so

3) issue legal notice to institute to issue you experience letter and relieving letter and your outstanding salary for month of march 2018

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you can file file suit to recover your dues

before that issue legal notice as advised herein above .

litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

For filling criminal case for fake salary slips, right person will be the director whose signature forged by them.

Salary slip and other dues can be recover by approaching Educational Tribunal. But before that u r suggested to issue them legal notice for release of dues/SS, failure to which u r constrain to initiate legal cation along with cost of litigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Send a legal notice against this co. in the present matter calling upon them to forthwith release your pending salary, besides issuing you valid salary receipts.

In case the legal notice is not complied with, move a complaint before the concerned labour officer/or the affiliating body through this institution has been affiliated.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Through the above legal notice, seek compensation of mental harassment as well.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Sir issue legal notice to employer company to pay damages and salary of last 3 months, clearly mention in notice that company has given you fake salary slips and are not valid.

Further you can file a criminal complaint of cheating and breach of trust that company has cheated you not payed you salary and produced fake salary slip for your record.

Further for salary you can complaint to labour commissioner after giving notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

And for damages a civil suit can be filed

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear,

- First of all gather all the salary slips you and your friend's have.

- You have company letter head with fake sign of director as you say,

remain in your custody for proofs in your case.

- Send legal notice on the name of company and director in personal.

- If no reply of legal notice you get then file a fir against them.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Hi,

You are suggested to send a legal notice and ask for the documents. If the same is not complied with by them, file the case.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hello sir , it is advisable to register a complaint at the economic cell .. The police can register a FIR under 420,468,468,471 IPC for cheating and forgery

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If in the company, there is any forum for lodging complaint related to employment issues, sych as harassment, etc. Then lodge a complaint before them. If there is no such forum, then send a legal notice through your Lawyer to the company and if the management compromise and refund your amount and provides a valid salary slip then good otherwise you will have to file a complaint before labour conciliation officer of your area and they will try to settle your matter like an arbitrator but if the dispute is still existing, then conciliation officer may send your dispute to higher officials or to state labour commissioner and/or they may refer your dispute before labour tribunal.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

If they have not given you appointment letter or if there is no employment offer letter or terms and conditions for employment and if everything was verbal or oral, then you hardly have any chance to initiate any legal steps towards this.

Based on the evidence of salary deposited to your bank account, you can claim for having worked with them.

You first send them a legal notice demanding them your requirement, let them give a reply after which you can initiate further steps by due process of law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

can we not file a suit of fraud and harassment against them for faking salary reciepts, not giving salary and harassing employees?

If you confirm that they have issued fake certificates and salary slips then you may collect the evidence and on th basis of the cheating done to you, you may lodge a criminal complaint against them with the police.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Send them a legal notice through advocate. Later file suit in labour court or civil court as per your workman or non workman status. They need to provide you the said proofs.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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