Non Payment of salary dues
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 we will hand over the assets but firstly you have to accept his resignation & secondly release the pending salary due for the month of Sep’16.
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.
Asked 8 years ago in Labour