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Receiving payslips but no pay for 5 to 6 months

(Querist) 28 June 2017 This query is : Resolved 
Dear Experts,

Request your advise on my bekow issue.

Most of the employees in my organization had not been paid partly or fully for past 6 plus months but payslip is being generated for the full salary (TDS also being detected). No insurance is being paid for the employees and PF is also not paid on time.Even the payslips are not generated on time. Is this legally acceptable??? How can i apptoach this legally?
Regards,
Krishnamoorthy
Kumar Doab (Expert) 28 June 2017
While posting such queries employee should post basic information!
What is this establishment; 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?
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 ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card,?





Dr J C Vashista (Expert) 29 June 2017
What is the evidence for your question i.e., pay slip generated, TDS deducted but no payment made?
Why so many (number not provided by you) employees are working for more than 6 months without pay but salary slips are stated to have been generated, TDS deducted etc etc....?
Prima facie it is an unbelievable and hypothetical question with so many unexplained/ missing/ concealed information as observed and pointed out expert Mr. Kumar Doab.
P. Venu (Expert) 29 June 2017
Please provide the complete information.
Rajendra K Goyal (Expert) 29 June 2017
Author need to provide information sought by the experts.
Kumar Doab (Expert) 29 June 2017
You have without any justifiable reason given a very long rope to employer.
Firm up your next venture ASAP.

Such employers are unworthy to be employed with.

Get in touch with Grievance Redressal Committee (if notified by state govt in your state), employee's/ trade unions, a very able local senior counsel of unshakable repute and integrity specializing in labor/service matters.............

Your counsel(s) can assess the right forum for each/all of you and may opine to lodge complaint with:

O/o Labor Commissioner
Inspector appointed under Shops & Estbs Act, Payment of Wages Act
RPFC for PF
Jurisdictional ESIC office for ESIC
Jurisdictional ITO where you file ITR and CIT-TDS where employer files ITR


Police u/s 406,420....

etc etc

You need to act to defend your interest.








Krishnamoorthy (Querist) 29 June 2017
Dear Experts,

I will provide all details i will be able to
The company is IT (Software service provider)
Registered in Tamilnadu
500 - 600 employees
Company provides Salary slips and PF number,

Only for the past 6 months, excatly after demonetisation we are not receiving the salary sometimes fully and sometime partly. But Payslips are getting generated for full salary even though it is not being credited to our bank accounts.

I am not part of any employee union.
The issue is for every one in the organisation.

Notice period for employee is 3 months
Since employees are not getting proper relieving letter and relieving from the organisation, and they are made to extend their service even after notice just because it is hard to get another job without proper relieving from previous company.

I really dont understand if this is legally approachable and questioned. And moreover i have not seen any one taking any legal actions or fight back. Employees are made to work even after serving the notice and that too no proper salary.

The proof for salary not paid, our bank statements.

Regards,
Krishnamoorthy.
Kumar Doab (Expert) 29 June 2017
Your counsels can also advise on:

Winding up petition filed by an employee under Section 439 r/w sections 433(e) and 434 of the Companies Act, 1956, as a creditor based on the claim of recovery of his unpaid salary and wages.

The statutory notice can drill sense into even dumb heads.
Kumar Doab (Expert) 29 June 2017
IT companies are covered by:

Shops & Estbs Act and you might be covered by the def. of employee as in the Act, and Inpector appointed under the Act can be approached.

IT comapnies have IT/ITeS employee's unions and are embraced by Trade unions.

Some states have notified Grievance Redressal Committee. You may check in your state.



Consider; Payment of Wages Act ( This Act does not discrminate between Workman and Non workman and if you are covered by the def.. of Wages in the Act you shall be covered)


The unpaid amounts (wages/promised amounts-payouts) are debt on employer.

Rajendra K Goyal (Expert) 30 June 2017
May proceed as advised by the expert Kumar Doab.
Krishnamoorthy (Querist) 02 July 2017
Dear Mr.Kumar Doab and other Experts,

Thanks for providing the insight about the query i raised.

Regards,
Krishnamoorthy
Kumar Doab (Expert) 02 July 2017
There are many employee’s/trade unions that have acted in your state for the protection and interest of employees.
Hope you are aware that employee’s in your trade have been made to believe that they can’t form unions and they are not covered by LABOR LAWS. This was a pathetic state of affairs due to ignorance of employee’s that were not united.

While Hon’ble high court of your state has cleared that employee’s can and employees’/trade union that fought for it got written clarification from labor Office that there is no such bar.
The employees’/trade union have won the cases of employees in labor Court also.
The judgments are with them.
What you have posted is sheer exploitation; Nothing else.
Kumar Doab (Expert) 02 July 2017
I don’t say that you proceed for immediate head on collision and loose current employment, but I do propose that remain amiable and gentle and look for another employment in some establishment with good HR practices and also unite and support each other.
While employee should justify every penny of salary with good work, employee should also become properly informed and unite and defend his/her rights.
I am sending you details of some of unions and leaders.
If all of you wish, you may get in touch with them.

Retain access to a very able local senior counsel of unshakable repute and integrity specializing in labor/service matters.............
Check at local Labor court/CGIT,CAT, Civil Courts, HC……………..

It is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.
Civil lawyers worth their salt do not meddle in labor/service matters.
They refer the matter to counsel of unshakable repute and integrity specializing in labor/service matters.
Employee’s/Trade Unions’ also keep such counsels on their panel.
Seasoned Employee’s/Trade Unions’ can also effectively handle such matters and drill sense into dumb heads.


Go thru:

http://www.lawyersclubindia.com/experts/Tn-shops-establishment-act-1947-and-payment-of-wages-act-1936-635661.asp
P.ESAKKIMUTHU

http://www.lawyersclubindia.com/profile.asp?member_id=14646
Kumar Doab (Expert) 02 July 2017
You are welcome......................


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