Non payment of salary
Rohit Kumar
(Querist) 19 July 2013
This query is : Resolved
Respected Sir,
I require a suggestion for the action which we need to take against Managing director of our company. A director has not paid us salary to all the employees from June'13. till now and then they are giving us new dates Now they are committing 21st of July. but he started to say in meetings that i will not pay a single money to any of you, excuse is that company is not getting any business from you than why should i pay? there is no target clause in the offer letter for which our salary go on hold. also there are two girls with same profile and they got there salary.
Request you to please suggest the solution for the same at the earliest.
Rohit Kumar
rohit.chenoy2001@gmail.com
8373939979
Kumar Doab
(Expert) 19 July 2013
Firm your next venture as ap. Do not waste more time with this employer.
Submit a written communication that earned wages/salary is not paid on the due date.
Or ensure that targets are achieved and revenues and profit for the company are fetched.
You have posted that:
“he started to say in meetings that i will not pay a single money to any of you”
All employees may join hands and be witness to each other.
Earned wages shall have to be paid. Commission on achieving targets, incentives may not be paid if targets Vs achievement is not as per clauses and criteria in commission/incentive policy.
Employee can approach : labor inspector/o/o Labor commissioner if covered as ‘workman’…,..
Inspector under (Name of State) Shops and Establishments act if covered as ‘Employee’ in the enactment…..
Inspector under Payment of Wages Act: applicable to all employees drawing wages as per definition of wages in the Act up to Rs.18000/pm…………..
Trade unions, employee’s guild/IC’s etc……………..
Or Civil Court
There are threads suggesting employees filing criminal complaint u/s 406, 420………..
And
Approaching the employer as creditors treating unpaid wages as ‘debt on employer’…………
Approach your lawyer with copies of all of your docs, give inputs in person, send quality time, get the merits analyzed and proceed under expert advice of your lawyer.
IN majority of the cases legal notice by the lawyer succeeds to drills sense into the heads.
Valuable advice of learned experts is sought.
