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Anonymous Citizen (VP)     13 September 2013

Employer demanding resignation

My Employee did not pay Salary for the month of JUNE, JULY and AUGUST. Now the MD of the company has sent Email that 2 months salary will get credited and I need to provide resignation with back date of 31-Aug-13. Please advice me with necessary remedy. Will I get Lawyer on percentage sharing.



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 6 Replies

Kumar Doab (FIN)     13 September 2013

If the MD has demanded resignation in writing then you have something in your favor.

If at all you decide to resign at any point you my submit notice of resignation with full notice period.

If the resignation is accepted before expiry of notice period you should get notice pay for balance of notice period.

{Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.}

You may in the meantime tactfully obtain all the payments you can.

Firm up your next venture as ap.

 

You have to settle your terms with your lawyer on your own.

Anonymous Citizen (VP)     14 September 2013

I have seen the past evidence with other employees that the MD is adding delay in giving salary. There is strong possibility that MD will postpone salary more... My appointment letter does not signify any terms of Notice period... My concern is to get the salary in hand... 

Do you know any advocate who will support me with the Percentage sharing on this case.

Kumar Doab (FIN)     14 September 2013

 

NO.

If you wish to avail the services of LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UjQVqtKAqWM

The list of related lawyers is being flasshed by LCI on the bottom of this web page.

You can chat and speak with PRO Lawyers.

Your near and dear ones can also guide you to a lawyer.

If you can you may approach:

Trade Union Leaders

O/o Labor Commissioner: labor Inspector

Inspector Under (Name of state)  Shops and Commercial Establishments Act ( One of the jobs of Inspector should be that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld)

Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)

 

Civil Court

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     14 September 2013

well elaborated by Mr Kumar Doab

Kumar Doab (FIN)     14 September 2013

 

 

Bombay Shops and Commercial Establishments Act is so employee friendly.

 

 

You may approach a lawyer well versed with this enactment and proceed under expert advice of the lawyer.

2.  Definitions

"[(б)  "Employee"  means  a  person  wholly  or  principally  employed,  whether directly or through any agency, and whether for wages or other consideration in or  in  connection  with  any  establishment;  and  includes  an  apprentice,  but  does not include a member of the employer's family;]

 

38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages

Act,  1936, (V  ?f

1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.

( Implies that the Inspector under SE Act shall be the Wages Inspector )

[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act,  1923  (VIII  of  1923),  and the rules  made from time to time thereunder, shall,  mutatis mutandis,  apply to employees  of  an establishment to  which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.

( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)

^[??-?.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  13.       Termination of employment,  15.      Complaints, 17.  Liability of17[employer].--, 18.          Exhibition of standing orders.-)

51.    Employer [and manager  to produce registers, records etc.  for inspection.

( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)

Moreover the Inspector is under obligation report every two months as given in Sec.66

55.    False entries by employer and manager.

58.    Determination of employer for the purpose of this  Act.

66.Notice    of termination of service: The notice period is 30 days.

 --In the meantime kindly go thru the attachments.

Valuable advice of learned experts is sought.

 

 

 

 


Attached File : 524467139 the bombay shops establishments act.pdf downloaded: 83 times

Sudhir Kumar, Advocate (Advocate)     17 September 2013

well elaborated by Mr Kumar Doab


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