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Salary

(Querist) 25 October 2014 This query is : Resolved 
Hi all Warm welcome of your advices
My sister is working in private cum government project from last 8 month but still she did not get salary of single month ….
Whenever she ask about her salary they just reply that for sure this will happen in next month..
Many employees are there in all over Maharashtra who did not get it…
Before some day some them went to the head office of the company regarding the salary ..
Then on second day the company people sent a mail to all over candidates that why all of you are disturbing us while we are doing good job if you want your salary then you have to wait because still government haven’t gave us a single pie from where we would give you ..
If you all did the mistake again then we will take action against you with police ..
And they never give any reply to any candidate if anyone calls to back office.. Now the agreement between the government and the firm is going to be closed on October 30 due to some issue of the company .. and the company told that they will make the salary on 22 but still its not done …..

Please suggest …..
Kapil Chandna (Expert) 25 October 2014
Dear,

Please send a legal notice asking the amount due and if they still don't provide the salary then file a suit for recovery.

Adv Kapil Chandna
9899011450
Dr J C Vashista (Expert) 26 October 2014
1.Did your sister along with other employees demand their salary in writing any moment during elapsed 8 months? If yes, what is the reply?
2. If no, why? Demand it collectively now, for making payment within 7 days.
3. If not paid within 7 days issue legal notice for payment (better collectively), wait for a fortnight and move to the court.
4. By the way what is she (your sister's)emloyment/ type of job/designation for determining whether it is an Industrial Dispute or otherwise?
5. In the interest/benefit of all such employees (including your sister) it would be better to consult and engage a local lawyer practicing in service laws.

Sudhir Kumar, Advocate (Expert) 26 October 2014
please elaborate

what do you meanby "private cum government project"
Sudhir Kumar, Advocate (Expert) 26 October 2014
please also refer to earlier thread if any on the issue.
ajay sethi (Expert) 26 October 2014
issue legal notice to employer for payment of outstanding salary dues
Rajendra K Goyal (Expert) 26 October 2014
If verbal demand does not work, send legal notice.
Sudhir Kumar, Advocate (Expert) 26 October 2014
repeated

http://www.lawyersclubindia.com/forum/About-fraud-111227.asp#.VEyf_2eO5G0
Sudhir Kumar, Advocate (Expert) 26 October 2014
repeated



http://www.lawyersclubindia.com/experts/Query-503936.asp
Sudhir Kumar, Advocate (Expert) 26 October 2014
repeated

http://www.lawyersclubindia.com/forum/details.asp?mod_id=111316&offset=0#.VEygRWeO5G0
Amir (Querist) 26 October 2014
Thanks all
Sir my sister is along with other employees regarding salary they had a written complain to collector office ..then also no reply
All they are demanding salary collectively but the company is reply that then didn’t get a single pie from government then from where they will make the salary..
If the candidates makes noise or disturbs them then they will complain to police they have written mail to all these
Government started a project OF NRHM IN RURAL HOSPITALS AT RURAL LEVEL with the partner a private firm she is working there as ADEO
And the Employees like her are in all over Maharashtra ……
Sudhir Kumar, Advocate (Expert) 26 October 2014
file labour case on the Principal employer and contractor.

Facts are not going to change by repeating query or repeating same facts in same thread.
Kumar Doab (Expert) 26 October 2014

The earned wages have to be paid. It does not matter if employer has outstandings.
The Kingfisher Episode has emboldened some unscrupulous employers.
Usually such establishments that obtain Govt. Projects have………………………connections that fetch them such projects and they flaunt such connections.

>>> You have posted that:
----“Then on second day the company people sent a mail to all over candidates that ………………….if you want your salary then you have to wait………………..If you all did the mistake again then we will take action against you with police ..”
“And they never give any reply to any candidate if anyone calls to back office.. Now the agreement between the government and the firm is going to be closed on October 30 due to some issue of the company .. and the company told that they will make the salary on 22 but still its not done …..”

"private cum government project"


“regarding salary they had a written complain to collector office ..then also no reply”


>>> ‘It does not matter “it is Project or Not” or “it is private cum government project".
What matters is the earned wages are not paid for the last 8 months and on the top of that the employer has threatened to lodge criminal case/complaint in police………………………………………..which is coercion/intimidation etc etc…………………
On the contrary employees can lodge criminal complaint.
It is good that all employees are united and can stand as a witness to each other.
Moreover the email sent by employer shall work against the employer.

>>> All employees may write to the Project Officer/Controlling Officer of the Govt, concerned ministry/minister and demand that no Payment be released to employer till earned wages of the employees are released………………………………….and employer be not allowed to close the operations/company.
Similarly All employees may write to the Labor Commissioner of the state with a copy to ALC in each location and demand that all assets of the company and payment to be released by the govt. be taken over to pay earned wages of the employees.

>>> If you have written complaint to Collector then it might have been forwarded to the o/o labor Commissioner. You may obtain the copies in person or thru RTI.

>>> All employees should approach:
---First of all an able Labor Law Consultant/Service lawyer and show all contracts/employment contract/appointment letter etc to the lawyer……………………………..and proceed under expert advice of the lawyer…………………….and let your lawyer submit a narration of all representations made so far…………………..and submit complaint to the Police Commissioner, Labor Commissioner, and other authorities………………
---Involve Employee’s/Trade Union Leaders and let the unions submit a demand notice to employer/principle employer. The trade unions can help to form a unions and affiliate.

---Involve media if required……………………………….and escalate to o/o CM,PM……………………..

>>> The employees can lodge complaint with:

----Inspector and Chief Inspector under (Name of the state) Shops and Commercial Establishments Act……………………. If the establishment is an establishment covered by this Act. One of the jobs of the Inspector is to ensure that salary slips/salary/FnF dues of the employees are paid on due date of the payment of wages.
As per this enactment appointment letter should be issued to all employees.

---- Inspector under Payment of Wages Act………………..that is applicable to all employees drawing wages as per def. of the wages in this Act upto Rs.18000/pm.
Salary Slip signed by both employer and employee has to be issued atleast a day before disbursement of wages on the due date of payment of wages.
The Inspector can initiate recovery…………………………..and penalize the employer for default on each month.
It does not matter if employer has outstandings.

---APFC for PF; if the Act is applicable to the establishment and employees are eligible to get PF as per this Act. Since wages have not been paid it is for sure that employer has defaulted on PF.
The complaint should be marked CC to RPFC, Addl. CPFC in the state, CPFC and an immediate action be sought…………………………..and can be lodged thru nearest PF office………………………..

It does not matter if employer has outstandings……………………and has to deposit PF.
---Jurisdictional ESIC office: If ESI is not provided to all eligible employees drawing wages upto Rs.15000/pm (Rs.25000/pm if notification to this effect has been issued and received)
It does not matter if employer has outstandings……………………and has to deposit PF.

----Lodge complaint u/s 406,420
You can File winding up petition.

Create a noise. Act immediately.
malipeddi jaggarao (Expert) 27 October 2014
There is no point of posting the same query again and again without taking any suggested action.
T. Kalaiselvan, Advocate (Expert) 27 October 2014
Query repeated, you may answer the queries raised by experts for further clarifications.
Devajyoti Barman (Expert) 28 October 2014
no reply for repeated query...
V R SHROFF (Expert) 28 October 2014
Query replied at length by Experts


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