Employer is refusing to pay salary
Muskan Raj
(Querist) 21 April 2014
This query is : Resolved
Hi,
I joined Rooja Fashions Pvt. Ltd. in September 2013 as a designer cum merchandiser. The company couldn't pay the salary properly from the very first month only. They started paying the salary by splitting into parts. When a question was raise against it they said copmany is going to a downfall and assured its going to be fine.
when after spending few months (i.e. from sept. to Jan 2014) the situation didnt seem any better I decided to resign. While resigning they promised me to clear my dues within a week. But since then they are just ignoring things by saying that company is bankrupt and simultaneously they sold the company to some other firm.
How do I make them pay my leftover salary to which they promised to clear in a week?
ABDUL RAZIQUE
(Expert) 21 April 2014
Contact a local lawyer,
should be issue notice to pay dues salary immediate or take proper shelter of law.
Kumar Doab
(Expert) 22 April 2014
All affected employees may jointly approach a competent and experienced labor consultant/service lawyer ASAP.
Employee can lodge a complaint the moment wages are delayed even for a day!
The penalty can be say Rs.7500/instance! All affected employees should have lodged complaint at the first instance!
Obtain list of assets of owners. Your lawyer may opine that they can be included by name in list of Noticees!
If employer has defaulted on payment of wages it must have defaulted on statutory social security benefits too e.g; EPF,EPS,EDLI, ESIC,TDS…..etc
Employee can approach:
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..
The employee should approach within 1 year or has to get the delay condoned.
Employer has to issue wage slip to all employees.
All affected employees can lodge a joint complaint.
---Inspector under (Name of your state) Shops and Commercial Establishments Act
You may go thru:
--- O/o Labor Commissioner
----RPFC thru nearest PF office ;The
----ESTC Inspector in jurisdictional ESTC office
--- ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
There are provisions for penalty/punishment for non issuance of Form16 by the deducator…………..
----Lawyer/Law firm: Your lawyer may opine to issue statutory notice for ‘Winding Up’ the company……………………..and this may send zitters in Indian company.
---Civil Court
---Employees Unions, Trade Unions: e.g. CITU,AITUC,BMS,INTUC,…………….
They are sensitive to such issues and know precise ways to handle such matters too.
Influential Community leaders may adopt ways that suit them and drill sense into the heads.
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
All of these enactments should be available on Dept. of labor website of UP.
