salary issue
sarita
(Querist) 28 July 2015
This query is : Resolved
I was working with Noida base ad agency. I joined this company on Feb 2015. In June 2015 they shut down the company without any notice,now they are not giving the salary of may month. The company owner have blocked my number.please suggestme What should I do?
Kumar Doab
(Expert) 28 July 2015
The company has to register before it starts it operation and has to notify the Labor Office and authorities before its close down.
You may check with local office of Labor Commissioner and find out whether this company and its owner complied with prescribed rules and directives or not.
What is your designation and nature of duties?
Do you have power to sanction (not just recommend) leave/increment/appoint/terminate?
How many persons report to you?
How many persons are employed in establishment?
Are you a member of employee’s/Trade Unions?
The registered office of the company is located in which state?
Does the company have its GRC/Works Committee/IC/recognized union of employees?
You have posted that company has not supplied any notice to employees before closing down and has just downed its shutters and the owner has vanished and has been avoiding the employees. The employer has to supply the salary slip of each month, appointment letter, notice of closure, compensation to all employees, FnF statement showing computation of earned wages/Bonus/OT/Gratuity/Leave Encashment, service certificate, relieving letter etc………………
The company in Noida might be registered as ‘Commercial Establishment’ and covered by:
U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962
http://labour.up.nic.in/labourcommissioner/dookan62.htm
You can approach:
Female employee’s unions/Employee’s/Trade Union leaders e.g. CITU/INTUC/AITUC/BMS etc
Able Labor Law Consultant/Service Matters Lawyer/Law Firm
And you counsels may opine that you are covered by the def. of ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act and can approach:
Inspector appointed under Andhra Pradesh Shops and Commercial Establishments Act, Payment of Wages Act,
O/o Labor Commissioner,
Civil Court
And Lodge complaint u/s 406, 420
File complaint with police or direct with the magistrate
File winding up petition as unpaid payouts are debt on employer
Approach media
Higher officials of Dept. of Labor
The employer may respond to demand notice by unions/legal notice by lawyer or shall have to appear before lawful authority, court of law
Rajendra K Goyal
(Expert) 28 July 2015
Well advised by the expert Kumar Doab, agree to it.
