Ideally it should be the usual pay day.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Industrial Employment Standing Orders Act, and the like.
The SE act is applicable to IT companies.
Some states had granted blanket exemption from provisions of IESO Act to IT companies.
State of Karnataka has now ended this blanket exemption from provisions of IESO Act to IT companies. Thus all companies should frame standing orders for certification by certifying officer and till then model standing orders shall apply.
SCHEDULE I
[1][MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING
INDUSTRIAL ESTABLISHMENTS IN COAL MINES]
13. Termination of employment: (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
SE Act: e.g. SE Act Delhi:
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES.
37. POWERS AND DUTIES OF INSPECTOR.
COMMENTS
(b) Duties of the Inspector :
(h) that the wages and other dues are being paid to employees in time as required under the Act;
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
Then Payment of Wages Act is applicable:
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.-
3*[(vi) "wages" means
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
