Sandeep 17 October 2016

Pending salary

Hi,

My wife has been working in a construction company and has not received her payment for the past 2 years. She is on a maternity leave presently and pursuing the employer for dues payment on a regular basis. The employer has good political connections as he has been dealing with numerous clients who have invested in the company. All clients have already raised complaints against him and as I see they are nowhere near settlement of any sort. This being the picture, I am in a delimma whether to or not to raise a complaint against the employer.

The company is in loss and the employer is decresing the number of employees working. As my wife is on a maternity leave, the employer is not even considering any of her requests for payment in installments. But hard earned money is still in dispute. We are considering contacting women empowerment NGO's who can help us sorting out this issue on mutual basis. Please suggest on the same.

Do we have any non profitable NGO's who help women who are on maternity leave to get her rights heard and fulfilled in Pune Maharashtra?

Please suggest.

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5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 17 October 2016

NGOs have no legal pwoer to press any of your legitimate issues. You need to raise a demand for the payment of arrears and maternity leave benefits failing which file a petition under section 15 of Payment of Wages Act before the Commissioner under Payment of Wages Act.

Kumar Doab (FIN) 17 October 2016

While posting such queries employee should always post basic information;

What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Can anyone change/cancel your recommendations?

How many persons report to you?

You are in which state?

Your service is under probation or confirmed?

For how many months you have been working?

What is the notice period tendered by you?

What is the notice period as per appointment letter?

Has yourresignation been aceepted?

Did you ever mention rudeness before resigining, in resignation, subsequently?

Have you been getting salary slips?

What was your monthly salary?

Yu may also post: Did employee submit intimation of pregnancy and attached copy of DR's Rx shwong tentative date of delivery?

Kumar Doab (FIN) 17 October 2016

The employee in the instant case may/may not be covered by Payment of Wages Act.

Is emplyee on leave since 2 years?

Is leave application submitted under POD and approved?

Therefore pointwise reply to all points may be posted.

bijender 19 October 2016

Dear Sir

I am working company from 01.09.2001 to 31.07.2016 but at the time of f&f my Variable perfomance Rs. 7000/- not paying the company. He said to me your performance is not better as per your HOD. But 50% release with salary of June-2016. Please tell me i am claim thourgh labour court in this payment plz sugesstion me.

thanks

Bijender