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Gautam Vasoya (Software Engineer)     19 December 2013

Company close and not paid salary for last 2 month.

Hi,

 currently i am working in private limited company in ahmedabad.  my company close and they not paid my salary for last 2 month. also they stop there email id and there web-site. so i can not contact using email and web-site.

please help me what should i do?

can we take help of police?

please guide me something to get my salary.



Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 December 2013

You need to initiate legal action against company in labour cout.

Gautam Vasoya (Software Engineer)     19 December 2013

Can i take help from Police? i know Resident address of owner of company.


What should i do for take help of labour court. and how to start taking action any guideline for step of action?

 

Thanks

V. VASUDEVAN (LEGAL COUNSEL)     19 December 2013

Please visit the local labour department and meet the inspector with details. Give a written complaint under payment of wages act for unpaid wages.

provide the address of the owner in your complaint

Vasudevan

prakash jha (sales representative)     21 December 2013

Hi, currently i am working in kedia houseof medicine limited company .  not paid my salary for last 3 month. please help me what should i do? please guide me something to get my salary.

Kumar Doab (FIN)     21 December 2013

@ Prakash,

 

If employer has not paid wages then it might have not paid PF,ESIC,TDS, Insurance and this is default.

 

Employee can approach:

 

 

 

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered and may advice that you can raise a dispute now and labor Commissioner may proceed to recover wages.

 

AS a Sales Representative you should get the coverage.

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

-Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def of wages in the Act up to Rs.18000/pm)

 

 

 

-Inspector under ( name of your state) Shops and Commercial Establishments Act; 

 

 

-o/o Labor commissioner

 

-RPFC in nearest PF office

 

Inspector ESIC in jurisdictional ESIC office

 

-IT)-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR

 

-Civil Court.

 

 

 

The wage ceiling for ESIC was Rs.15000/pm ( being revised to Rs.25000/pm) and the employer has option to contribute PF up to wages Rs.6500/pm.

 

There are threads to suggest that employees have been contemplating to lodge criminal complaints u/s 406, 420................................for criminal breach of trust.....................................and your lawyer may opine that name of Boss can be included in list of notices.

 

 

The lawyer that has seen all of your docs can advice you the best.

 

 

 

 

 

 

 

 


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