S Rao

1 year ago

I have a strange case of my son’s employer not paying his night shift allowance and here are the complete details.( sorry for lengthy details)
My son got a job as Technical Support Specialist at a Tech Company thru a 3rd party payroll company ( Q) as contact employ, though he is a employee of payroll company (Q) but he works for Tech company(X) on WFH model
As per his offer letter given by payroll company(Q) stating that he will be paid additional Rs.500/day if he works in a night shift ( 8pm – 5am) which is apart from his basic monthly salary.
My son started worked from1st of Spt,2022 and his Sept month salary been paid on 7th of Oct, and his September month night shift allowance paid on 27th of Oct stating this is their company policy.
In first week of Nov 2022, the payroll company (Q) informed my son stating his further contract is not renewed therefore his last working day at Payroll company (Q) is 25th Nov, and my some worked till the last day and all these 3 months his work as only at night shift, later Tech company(X) hired him as their direct employee in Jan,2023 with consultation/ approvals from Payroll company(Q)
The payroll company (Q) paid his Oct month salary on 7th of Nov, but they have not paid his Oct month night allowance stating his last working day is before their allowance payment date which is 27th nov.
They also not paid his Nov month salary & night shift allowance in dec stating his F&F settlement will be paid only after 45-60 days from his last working day that is 25th of Nov.
They have paid his Nov month salary on 10th of dec 2022, but till date they have not paid his night shift allowance of Oct & Nov without giving any reason.
My son has several mails between my son and payroll company(Q) and Tech company (X) in which tech company reporting manager confirming they have approved my son’s night shift allowance, even one of the payroll company(Q) employee confirming they received tech company approvals in their required site called G.Field, but their account dept has not paid his pending 2 months night shift allowance till date and its more than 3 months, they have settled his payment, and no one is bothered to respond to my son's mails.
Being this is my son’s first job after his engineering, he totally lost trust in both companies for such small issue, no one is taking any responsibility to clear this payment which is below Rs20,000, and he decided to quite even Tech company who is not supported him for genuine work he spent for them.
When I checked this Payroll company(Q) website, there are many ex employees are complaining about this company for non-payment of various pending issues and this company doesn’t help these employee, not even pick up the call and not even respond to their mails. Most of these employees are entry level workforce and they don’t know whom to approach and most of these employees are cheated by this company.
Is any lawyer who can review my case and advise if legal notice can be sent to this company if our case has valid reason, its not about my son’s case but for many innocent entry level employees who has been exploited by these payroll company recruiting calling as “Contract Employee)