Non payment of salary
Rohini Patil
(Querist) 29 September 2014
This query is : Resolved
Dear Experts,
The Company We were working with has not paid salary for the last three months. The Company has no funds and has closed down its business. The directors are just giving assurances and delaying the payment. We are around 20 employees. The Company was a information technology company at Pune Maharashtra. All the employees are drawing salary of more than 15000 per month. Kindly advise as to:
1. the remedies available to us
2. can we make the police complaint against the directors
3. can we approach consumer court
4. can we approach court? if yes, which court?
5. how much time it will take to recover our salaries
B.B.R.Goud.
(Expert) 29 September 2014
Hi....if u have appointment order, if any, you can institute case either in high court or consumer court......before that u consult one advocate of ur area n send legal notice n then u think of court....
R.K Nanda
(Expert) 29 September 2014
consult local lawyer.
Rohini Patil
(Querist) 29 September 2014
Dear Sirs,
Kindly advise?
Rajendra K Goyal
(Expert) 29 September 2014
Consult local lawyer, send notice to company for your claim.
You can file liquidation proceedings against the company.
Kumar Doab
(Expert) 30 September 2014
The company can not initiate business without registering and has to notify the o/o Labor Commissioner for closure in advance.
Approach an able Labor Consultant/Service Lawyer –Law Firm with copies of all docs on record and procced further as per expert advise of your counsel……………….
Your lawyer may opine that the options are:
--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.
--Lodge complaint with Inspector under Bombay Shops and Commercial Establishments Act, that is so employee friendly………………………. if you are cover by the def. of employee in this Act.
Your lawyer may ask you a set of structured questions and may opine that you are covered.
One of the jobs of the Inspector is to ensure that FnF wages of employee are paid in time.
--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act…………………….Your lawyer may ask you a set of structured questions and may opine that you are covered.
--approach civil courts
---lodge complaint under u/s 406,420......................file for winding up petition.
--approach employee's unions,
IT employees unions, trade unions and put pressure................
The trade unions may agree to represent you.
IT employees unions:
http://www.itecentre.co.in/
http://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
http://www.wbitsa.org/
www.itpfindia.org/
http://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
http://www.shivsena.org
http://www.amrc.org.hk/node/1088 CBPOP
http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
Trade Unions like CITU,INTUC, AITUC,BMS etc are willing to embrace the IT employees.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
You must consult a local service law practicing lawyer immediately to sort out the issue properly. Expert Mr. Kumar Doab's advises/suggestions may be kept in mind.
