Legal Question in Employment Law in India

Sir,

I am a Software Professional and was employed by a Indian firm.

The company that employed me deputed me to company A which was actually implementing a software solution for company B.I was in direct contact with Company A for all my work. Company A is an Indian software multinational.

The contract that happened in May 2015 required that I join employment in Pune. That i do.

Later in Oct 2015 the employment contract was called off by the employer stating that the project with Company A is completed and i was given one month notice period.

That i served.

Now my last salary (Nov2015) has been with held and not paid by my employer stating that they have not received payments from Company A. I have prior payslips, copy of employment and approved and signed time sheet until my last day of work(that show my attendance at work).

I was in contact with the employer through phone and through emails.

What are the legal resources available for me against the employer in India to get the withheld salary back.Can I also pursue action against company A as my employer has stated that they have not received payments from Company A and therefore they cannot pay me.

The employer has also withheld monthly tax deductions(TDS) from my monthly pay.


Asked on 4/06/16, 11:01 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.04.2016

Dear Sir / Madam,

You should politely request the employer to pay and settle your full and final dues within 3 working days, failing which, you should straight away lodge an FIR for "cheating" (Section 420 of the Indian Penal Code) against the employer, Taking guise on the pretext that the employer has not received payment from Company A and hence they cannot pay your dues, is baseless. As far as TDS is concerned, the employer remains liable to issue you a TDS Certificate stating that the same has been deposited with the Income Tax Department quoting your Permanent Account Number (PAN) which you should request them in writing to issue along with the settlement.

Regards,

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Answered on 4/07/16, 4:26 am


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