Regarding unpaid salary by Hospital


Hello Sir/mam,
I need opinion on urgent basis, I am Veni, working as a manager operations, salary is 55k.
our employer not paying full salary since 2-3 years. more then 9 months salary is outstanding.
they pay only half or part payment every month.
due to this issue outstanding salary amount in more then 5 Lakhs. Hospital is not in good condition now. local administration and police is already involved in this case, situated in Chattisgarh and output is zero.

Chairman of our Hospital is very bad person.

pls suggest how to recover salary.
waiting for your reply.

Regards.
 
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senior

Bad person in the sense?

 
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means he only promise that he will pay but he don't, and makes emotionaly fool .
 
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Retired employee.

Contact local advocate and proceed against the Hospital Management as immediately as possible, if you are not interested to work in the Hospital.

 
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FIN

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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? Are you under probation period or your service is confirmed in writing?

 

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

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

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

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement (showing computation of earned wages/bonus/leave encashment/incentives/reimbursements etc etc and adjustment of notice pay and final payout by employer/employee), acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge/assets, NOC/NDC……………etc etc , relieving letter?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 
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FIN

IT is futile to work with such establishment/employer.

Preferably, Firm up your next venture ASAP.

 

The pay day is fixed. The establishment must not/cannot hold salary disbursment, and pay in part , might have held by writing to you. Has establishment provided you with written communication on reason/ground? If there is No justifiable reason establishment may become liable for interst/damages....   Do you want to give up your claim on Salary due to you?

 

There are many threads on similar query/related material  that you can SEARCH thru SEARCH option in threads, Articles, Files etc e.g;

Article under my profile;

“Employee is Entitled to Interest if Payment of Salary is Delayed !”

 
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FIN

 

You may approach seasoned/employee’s trade union leaders

And Authorities/courts for relief. e.g;

Works Committee/Grievance Redressal Committee (if notified in state)

 

Labor Inspector/ALC/ALCC (State/Central as applicable in your case if you are covered by the def. of Workman as in ID Act)

or Labor Court/CGIT

Inspector appointed under Shops & Estbs Act ( if establishment/your dept-div is covered by the Act and you are covered by the def. of employee as in the Act)

The LOCAL Inspector at your location might also be Inspector appointed under Shops & Estbs Act,

Inspector appointed under Payment of Wages Act ( This Act does not discriminate between Workman and Non Workman) if you are covered by the def. of wages under the Act.. GO thru the Act and amendments and Payment of Wages Rules in your state..

Higher Officials of dept. of Labor

 

Civil courts (if you are not covered by the def. of Workman as in ID Act) and court may provide relief for breach of contract..and interest for delayed period..

 

NCLT

You are probably engaged on monthly rated wages. Daily wages=Monthly wages/28 Hourly wages =daily wages/8

All enactments are available on Dept. of Labor website of the state..

 

You can try to resolve by applying your skills and/or with help of seasoned employee’s/trade union leaders/your very able LOCAL counsels/officials of Dept. of Labor

And if nothing works then you may have to approach appropriate forum as applicable in your case.

 
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FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

If you are confident that you are well versed with provisons of applicable rules/laws and procedures and  can handle the matter on your own, go ahead.

 

 

 

 

 
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