Pending salary

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

Is appointment letter/offer letter issued to you?

What is the usual day/date for payment of wages narrated in it?

 Since how many months you are working?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card, Form16……………?

How the salary is paid by bank transfer in salary a/c (or in personal /c) or by cheque or by cash and voucher is signed and if yes is it on actual or back date and does employee affix actual date of payment on it and does employee have a copy?

What is the notice period inserted in appointment letter?

What is response of HR, payroll personnel, employer to your in person representations in office?

Are you alone or all employees are affected?

Are all employees united?

Either the employer does not want to pay promised/fixed/earned wages and payouts on time or it does not have sufficient funds to pay on time…….

Nonpayment of wages on time is not a good practice.

If employer is unable to pay on time it is unworthy to be employed with.

It is your call to continue to remain employed with such employer.

Employee can approach:

Works Committee

Grievance Redressal Committee

Employee’s/Trade Unions

A very able local senior counsel of unshakable repute and integrity specializing in labor/service matters 

Inspector appointed under Bombay Shops & Estbs Act ( if the said establishment is covered by the Act and you are also covered by the def. of Employee as in the Act)

Inspector appointed under Payment of Wages Act (This Act does not discriminate between Workman and Non Workman………………….and you might be covered by the def. of Wages as in the Act)

O/o Labor Commissioner (If you are covered as Workman as in ID Act)

Or Civil Courts

The state of Maharashtra had provision for informal discussions between employer-employee. You may check with O/o jurisdictional DLC.

While you press the employer in person in office or thru other’s e.g; as mentioned above, the employer and its attorney’s in case of an initiative by employee may turn vindictive and may resort to tactics and penultimate action…………Or it may start paying on time also.

You are closest to actual facts about employer and have to apply your own judgment.

You want to remain employed with same employer therefore 1st of all get copy of all performance related targets, parameters, data, KRA’s and evidence that NO misconduct is committed by you, and NO stinker/memo/SCN is ever issued to you, NO tasks are pending at your end, NO charge is leveled against, NO loss is committed by you………..

Remain gentle and amiable.

If your own judgment is that the employer is unwilling or unable to pay on time firm up your next venture ASAP, build irrefutable evidence of your representations for in time payment and failure of employer to redress, get waiver of notice period and notice pay (both) in writing, get proper relieving with good comments and join other venture………………and agitate later for recovery of unpaid dues….

If you want to remain employed with same employer and want to get paid on time then 1st of all apply your own skills and try to get as much as possible out of pending dues...................as early as possible.....and wait till employer is able to fix its financial problems, (if any in deed)  and start paying on time........

Remain gentle and amiable....

Dear Sir,

Thanks for the reply, I am putting the following facts that could be mentioned before, as you replyed above. please do gothrough this & suggest for better solution.

My company is a private limited company & it is registered at Registrar of Companies, Mumbai.

It is Nature of company is Industrial, doing engineering projects (Mechanical Engineering Company) for Power Plants.

At present total 17 persons are employed.

My Designation is Sr. Manager Projects & responsible for the project execution.

At present only 1 person is reporting to me.

I have no power to sanction leave/increment/appoint/terminate/appraise.

I am in Maharashtra.

Presently working in company since Nov’2014.

Till date, I have not got any sort of memo or show cause notice for any reason, neither in written nor orally.

Appointment letter issued to me.

Usual date for payment is 7th day of every month.

No, I am not a member of any employee’s/trade unions.

Company has issued the salary slips for all the months, against which they have paid. PF & ESIC is not applicable, but Form 16 issued for 14-15 & 15-16.

Salary paid through bank transfer.

Notice period given in appointment as 30 days, but later on a HR Policy sent through mail to all employees mentioning the notice period as 90 days.

HR told me to contact to CMD of the company.

All employees are affected.

No, employees are not united.

Employer stating for insufficient fund for salary, but day to day expense are going on & since, CMD (Owner) only is looking after all bank & financial transaction, so I do not know about the real facts financially that going on.

Awaiting for your reply on the same.

Regards,

Gajendra Dubey

The salary has not been processed and hence salary slip has not been generated and supplied.

CMD is onwer and owner is CMD.....

If the solution to purported financial woes does not seem to be possible, then it is wastage of time ,efforts and personal finances and money................

The increase in notice period might be to square off the dues of employee that resigns. 

Verbal transactions are not on record.

You seem to be at a  key postiion and a key  person.

Apply your rapport, goodwill, position to get your dues from CMD.......

Originally posted by : Gajendra Dubey
	I am an emplyee of private company, which is situated in Mira Road (Thene-Maharshtra) and at present, I am not getting salaries on time. Last salary, which I recieved on 22/05/17, was for the month of Mar'17. At present, total 4 months salaries are pending including current month. Please suggest, how I can get the pending salaries with contineuing on the job. Is there any Govt. authority, to whome I can complaint for the issue & get the salaries immediately.

If resorted to complaint, fulfillment of dream of continuing on the job may not probably be possible,

Apply your own skills and judgment.......

ok, but to whome i can complaint regarding all this

Either fight full scale litigation or abandon the idea of complaint. On complaint, your own career would be at stake.

Better change your job instead of making any complaint and then fight your case legally.

It has already been posted.

4 months salary is pending.

This implies you are financing your employer from your reserves and without any interest.

The employer is unworthy of being employed with.

Originally posted by : Kumar Doab
	It has already been posted. 4 months salary is pending. This implies you are financing your employer from your reserves and without any interest. The employer is unworthy of being employed with.

If taken as financing the employer, what is the solution from your side to the querist how not to finance on his following quetions:

1. "Please suggest, how I can get the pending salaries with contineuing on the job."

2. "Is there any Govt. authority, to whome I can complaint for the issue & get the salaries immediately."

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab It has already been posted. 4 months salary is pending. This implies you are financing your employer from your reserves and without any interest. The employer is unworthy of being employed with.     If taken as financing the employer, what is the solution from your side to the querist how not to finance on his following quetions: 1. "Please suggest, how I can get the pending salaries with contineuing on the job." 2. "Is there any Govt. authority, to whome I can complaint for the issue & get the salaries immediately."

Who are you?

Why are you asking questions?

Originally posted by : Kumar Doab
	Originally posted by : JIGYASU Originally posted by : Kumar Doab It has already been posted. 4 months salary is pending. This implies you are financing your employer from your reserves and without any interest. The employer is unworthy of being employed with.  If taken as financing the employer, what is the solution from your side to the querist how not to finance on his following quetions: 1. "Please suggest, how I can get the pending salaries with contineuing on the job." 2. "Is there any Govt. authority, to whome I can complaint for the issue & get the salaries immediately."   Who are you?  Why are you asking questions?

Please keep cool. These are not my questions. If you re-read his original query, these questions are of the author of the problem. I am simply a Jigyasu, who want to know the deep meaning of the opinion of an expert, IF YOU PERMIT ME TO LEARN SOMETHING OUT OF YOUR VAST KNOWLEDGE, with further intention of help to the author with your clarification for his appropriate application.