The matter posted by you is perturbing. Hope you shall take the post in its positive stride.

The question arises:

 Why should an employee work for a single day without payment of Wages????????????????????????

Have you traveled to south India from North India to do CHARITY????????

Why are you alone in such a distant place??????

Why can’t you become a member of Trade unions, Social-legal-cultural forums, and visit Temple/Church/Mosque/ Gurudwara/ Sports Clubs/ Stadiums/your own community members and be part of communities?    

Did you update your elders in the family, competent and experienced well wishers and sought their advise?

There are IT/ITeS/BPO employees unions in Karnataka/Bangalore………………….

In your kind os a situation the notice period/pay should become defunct……………………

However employee should submit carefully communications to employer under proper acknowledgment concluding and declaring the employer as unworthy of being employed with, and that employer should not enforce any notice period/pay………………………

Employee can approach:

Law/Law Firm; legal notice from your lawyer may drill sense into the heads.

Trade Union Leaders (Trade unions have been trying to organize the IT/ITeS/BPO employees)

O/o Labor Commissioner: labor Inspector………..

Inspector Under Shops and Commercial Establishments Act 

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

Has this employer issued any appointment letter, salary slip, PF number, ESIC card, to you? Are you still under probation?

The notice period of 2 months is unreasonable during probation. As per Model Standing Orders, Notice period is not applicable during probation period, and service certificate should be issued to all employees.

The state of Karnataka has ended the blanket exemption granted to IT companies from the provisions of standing orders and all companies were to submit draft standing orders by Dec12 for certification by Mar13.

Till then Model Standing Orders should apply.

 Model Standing Orders:

13.                              Termination of employment.-:

(2)                               No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled  to any notice or  pay in lieu thereof if his services are terminated

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

One of the duties of the Inspector under Shops and Commercial establishments act, Payment of Wages Act  is to ensure wages are paid in time and “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”

You may go thru:

>>>> THE PAYMENT OF WAGES ACT, 1936 (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

3. Responsibility for payment of wages

4. Fixation of wage-periods.

5. Time of payment of wages.-

7. Deductions which may be made from wages

>>>> The Karnataka Shops and Commercial establishments Act

Sec 2, 6A, 7, 8, 10, 11, 15, 17, 18, 21, 27, 29, 30, 33, 34, 39,

You may find the  IT/ITes/BPO employees unions, some of these are;

https://www.itpfindia.org/

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

CBPOP (the present UNIDOC)

www.unitespro.org

https://www.wbitsa.org/

List of Trade Unions and labor officials is attached. You may cross check and approach these gentlemen………………..and your lawyer as ap.

The lawyer that has seen all of your record and documents can advise you the best.

Attached

Attached

Hi Sir,

              Thanks for reply.I have an appointment letter and I do have some salary slip but there is discrepancy in the time of issuing ,What I mean to say ,they have issued salary slip for August 2012 in March 2013.After August I got 3 more months salaries .But December on wards nothing .But I do have Internet Banking bank statements with me . Some of my colleague have asked him about relieving as earliest as they got job ,but he forced them to complete one month notice period.That's why I am getting afraid of. Another thing is, that he has not given proper reply to my mails regarding salary . And now he has stopped completely replying to my E-mails.Now without money how I can approach lawyers.

Thanks

You have posted that;

----------“they have issued salary slip for August 2012 in March 2013.”

What is the date mentioned on the salary slip?

You may supply an email stating that the salary slip for the month of …………………………is supplied on dated………………………..and point out errors if any.

----------“After August I got 3 more months salaries .But December on wards nothing’

Put the amounts received and not received and salary slips which are received and which are not received on record in writing under acknowledgment.

And demand all pending payments and documents.

You may also ask the calculation and computation of amounts disbursed to you. Under which head these are supplied to you.

---------“ but he forced them to complete one month notice period.That's why I am getting afraid of.’

If you are afraid of then you may also complete like others.

--------“ Now without money how I can approach lawyers.”

You can approach a lawyer and request to lower the charges Or waive of the charges…

Or you can approach trade unions

Or you can approach Inspectors under various enactments and they are not supposed to charge any amounts from you.

Or you can approach some NGO’s or some good Samaritans which may agree to help you………………………….

Or you may approach Police (but under and with support of locals and lawyer and trade unions………………..to support you). You should defend yourself.

Or call your elders in the family, near and dear ones  to support you for some time.

Or you may think of something else which may work in your favor.

We shall be happy if your issues get resolved.

Hi am yogananda, am running a company from past 3 months [july 3rd]  based on data entry and proof reading it pvt registered company.

I told to employes salary ill be given on10 of every month they too accepted but becaust project loss i gaved july month salary on august 26th.

But august month salary still not given so i requested to employee it ill some time they to accepted but one lady employee taken leave for 5days without informing 

but after coming i warned and taken again them to work....... after from holiday for second she called to me his boy friend and forced me to give salary.....

so now wat can i do. she given resignation.................... also i given cheque but wat happen means i need to give 5k but i given 7k....... but they not ready to give back cheque so

i blocked that cheque................ now wat can i do ...................................

@ Yogananda,

 Always start a new thread.

Even if you have project loss ( the exact meaning of which can be best elaborated by you) you have extracted work from the employees and you are liable to pay the agreed wages

(that should not be less than Min. Wages in any case).

You are also liable to pay wages on time as per Payment of Wages Act.

The failure and default can lead to penalties which might be Rs7500 per instance.

However you may check with Inspector under Payment of Wages Act which might be Labor Inspector at your location.

The o/o Labor Commissioner can guide you on it.

If an employee was on unauthorized absence you could have followed the procedures as per standing orders applicable to the establishment, conduct and discipline rules and penalized the employee.

You have concluded the matter by verbal warning.

You have made the payment of wages (salary) by cheque as per your choice.

This disbursement is also probably delayed.

Probably you have not issued any communication by providing supporting calculation that by oversight instrument of payment has been issued for over amounts and employee may return the same and collect actual amounts in cash under acknowledgment or by DD, and return the cheque.

The resigned employee might have apprehension that you wont’ pay after the cheque is returned.

Even if the cheque is encashed employer can proceed to recover the undue payments.

It would have been better to let the cheque pass and avoid further complications.

If the cheuqe bounce notice is issued your lawyer may advice to make the payment in response of the first legal notice…………………..

The lawyer that has seen al of your docs and has analyzed your inputs can advice you the best.

agreed with Mr Kumar Doab