It is futile to continue with such employer that doesn’t pay earned wages.
You are simply accumulating your loss by continuing and spending money on phone calls.
Approach employee’s/Trade unions leaders and be properly informed and supported.
For last 6 months the salary is not being paid.
This is a serious breach of contract of employment by employer and employer can be penalized for it too.
The employee can lodge complaint the moment the payment of earned wages is delayed for even by a day and employer may be penalized by say Rs.7500/instance.
The max. time that employer can ask for is notice period.
In such situation the notice period has lost its sanctity.
Resignation can otherwise be without permission and permission.
If your service rules/service conditions do not state that the notice/resignation has to be routed/submitted thru …………………..then there is no need at all.
Otherwise too the resignation is submitted to appointing authority,MD,Chairman etc..
Being a store keeper you should take due care that all stock in your store is properly accounted for and handed over………………….to avoid any allegation/claim/loss…………………hence you should state that NO TASKS are pending at your end and to whom you should hand over the charge……………………under proper acknowledgment on the spot.
You need to find a way to account for the stock properly and keep irrefutable evidence with you for use at appropriate time in appropriate forum.
Your manager cannot and must not lay unreasonable conditions of forwarding the notice/resignation until there is no other store keeper that too in conditions when salary of last 6 months is not paid…………..
It is felt that you must first build proper written record under proper acknowledgment
and narrate all representations made so far………………..to get payment of earned wages and place on record that salary has not been paid and salary slip has not been supplied.
If salary is not processed then there must be a default on PF,ESIC,TDS, Group Insurance etc………..too.
There are many threads with similar queries:
https://www.lawyersclubindia.com/forum/Salary-delayed-119412.asp#.VS6LjdyUcqM
https://www.lawyersclubindia.com/forum/Helios-matheson-salary-issue-119386.asp#.VS6Lv9yUcqM
https://www.lawyersclubindia.com/forum/Non-payment-of-salary-119502.asp#.VTEsD9yUcqM
Consult an able Labor Law Consultant/Service matters lawyer/Law firm and proceed under expert advice of your counsel. Employee should always retain access to an able Labor Law Consultant/Service matters lawyer/Law firm.
All affected employees may join hands and stand as a witness to each other.
Employee should demand to supply acknowledgment of notice of resignation/final resignation,acceptance of resignation,service certificate,relieving letter,correct original FnF statement showing computation of earned wages/bonus/leave encashment/reimbursements/incentives etc ,salary slips of all months,Form16, NOC/NDC, PF number with a/c slips of all years,ESIC card etc…….and must mention in notice of resignation/resignation/subsequent communications the reason of resignation e.g. non payment of earned wages etc……………
The company might be covered by (Name of the state) Shops and Establishments Act. The Act as in you state may not discriminate between ‘Workman’ and ‘Non Workman’ and all of you may be very well covered by the Act. One of the duties of the Inspector appointed under the Act is to ensure that monthly wages/FnF wages are paid in time/on the fixed/usual date of payment of wages………………….and all relieving documents are supplied.
Your counsel may opine that you shall also be covered as ‘Workman’ as in ID Act and standing orders (model/certified) Shall apply and you may go thru Model Standing Orders ;Sec13-18………
As per ID Act employee’s can form ‘Works Committee’ that is an authority…………….and many states like Karnataka has made it mandatory to form GRC………….and President is from employees with equal no. of employees………………So unite and defend your rights..
1. You may be covered by Payment of Wages Act also that is applicable to all employees drawing wages upto Rs.18000/pm as per def. of wages in this Act.
Salary slip is to be supplied atleast a day before fixed date of payment of wages and should be signed by both employer and employee,::::Payment of Wages Act;Sec13A/Min Wages Central Rules:Sec26(3,4)….and salary slip has to show earned wages, deductions e.g. statutory deductions PF,ESIC,TDS etc and no deduction without explicit consent of employee.
The complaint can be lodged (under proper acknowledgment) with Inspector appointed under:
(Name of the state) Shops and Establishments Act
Payment of Wages Act
O/O Labor Commissioner
The labor Inspector in local O/O Labor Commissioner might also be functioning as Inspector appointed under these Acts………………and O/O Labor Commissioner can provide you contact details and advise further.
2. If salary is not processed/paid then employer has defaulted on PF,ESIC,TDS…
PF,ESIC is applicable to all employees drawing wages upto Rs.15000/pm as per def. of wages in the Act……………..and employer has to supply the PF number/account slips of each year, ESIC card….
For TDS Form16 has to be supplied
In case of default by employer complaint can be lodged with:
Thru RPFC in nearest PF office under proper acknowledgment
ESIC office
ITO-TDS where you file ITR and CIT-TDS where employer files ITR
Unpaid wages are debt on employer.
Your counsel may advise that you can lodge complaint u/s 406,420…..and file ‘Winding Up’ petition too……
