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Deepak Thakur (It executive)     09 January 2014

Regarding pending salry

I had joined an organization in October 2012 they paid only 1 month salary on time. Since Jan 2013 the salary was delayed by 60 days minimum and they stopped paying after April to every employee in the organization citing financial crisis. Despite repeated requests by every employee they do not release the salary

Now its almost a year comes to an end but they still do not gave me the salary. Neither I have resign Nor was I terminated.
I want to file a complaint over pending salary as I followed up with company through e-mails & phone calls but finally they did not respond saying they do not have any information


It has been a panic situation as they did not giving me any kind of intimation on salary
I am thinking a legal recourse, please advice



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 January 2014

Give a complaint to the labour commissioner about your salary arrears on your company management. After enquiry from commissioner's office, you will get justice.

Kumar Doab (FIN)     09 January 2014

The employee can lodge a complaint the minute payment of his wages are delayed even by a day.
The penalty might be Rs.7500/instance..................
This employer is unworthy of being employed with. Firm up your next venture as ap.
In such a situation the notice period etc has lost its sanctity. 

Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... . 

- 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 for PF

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.


-ESIC Inspector

-Civil Court.
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , 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.


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

>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

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




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