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Delayed/non payment of wages

(Querist) 17 June 2014 This query is : Resolved 
Most of the mariners working on Indian ships do not get paid in time,delayed by a month to four months, mostly by the manning agencies employed by the ship owners.I am among the affected ones.The arrears to be cleared at the time of leaving the ship(signing off)as per the articles of agreement,but is never done.Once we leave the ship we are like orphans, litterally begging the employers and totally at their mercy.Approaching the Shippihg offices,who are in charge of the seafarers' welfare,do not yield much result.Some times we are forced to write off to the tune of upto 3 to 4 lakhs.Please advise how do we deal with this & oblige.
Kumar Doab (Expert) 17 June 2014

Form a union and affiliate with Trade Unions.
Thru trade Unions pull the so called welfare board and approach the concerned ministry and minister. Follow up thru RTI.
Unpaid wages is debt on employer.
Pull them to court of law.
The following is with limited understanding on Laws for Seafarer’s………………. a local lawyer dealing is such cases………. Winding UP petitions………….law of Torts………… can advise you the best…………..
However you should claim within 3 years to avoid claim getting debarred due to Limitation and if payment of Wages Act apply then within 1 year to avoid getting the delay condoned……………..
If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, etc too………………………….
Employee can approach:

>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.

{ 2. Definitions: 3*[(vi) "wages" means…………….

(c) any additional remuneration payable under the terms of employment (whether called a bonus or
by any other name);

(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;}



>>>Inspector under –(Name of your state) Shops and Commercial Establishments Act, if any of the establishment mentioned by you is registered under the Act…

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.


----Employees Unions. They may help you.
----Trade Unions; CITU, INTUC, AITUC, BMS………………….., Seafarer’s unions,and local trade Unions in your state.


----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

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

http://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.


Raj Kumar Makkad (Expert) 17 June 2014
I do agree with the advice of Doab.
krishna mohan (Expert) 18 June 2014
You can approach sea fares union if it is a routine feature of delayed wages who can intervene. You can also approach O/o DG Shipping/MMD in your area with a written complaint about name of the vessel, non payment wages etc.,


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