swapan (Engg) 01 July 2013
Kumar Doab (FIN) 01 July 2013
The unpaid employees are wasting time.
If earned wages are not paid, employee should not work for 5 days leave apart 5 months.
If the company is facing financial crunch and may get closed/liquidated………..the preference of payment of dues of employees comes in last that too pari passu with bank dues………….
You may go thru……………..
https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN
So act as ap and collect the unpaid wages………………
The employer has become unworthy of being employed with.
Firm up your next venture as ap and always check financial health of the company and avoid such employers/companies which are gone with the wind.
All employees must join hands, stand as witness to each other, collect complete record of attendance, and approach lawyer/law firm, trade unions, Inspector under Payment of Wages Act, Labor Inspector, Inspector Under Shops and establishments Act…………………….
The authorities have to take Suo Moto notice of such violations…………………
Thus if no employee wants to come on the front a phone call may be made and it may be highlighted that all affected employees are contemplating to organize a pres conference e and action taken by the authorities shall be cited in media………………
This should move them.
If any employee want to leave the company, before leaving written communications (under proper acknowledgment) addressed to appointing authority, MD, Chairman,……………..under proper acknowledgment should be submitted, narrating the acute financial hardships being faced due to non payment of earned wages…………………….
Prior to leaving another communication should be supplied mentioning in such a situation notice period/pay looses its sanctity and should not be applied…………………..or the employer shall be happy to square off the dues………………
There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;
https://www.lawyersclubindia.
There are many threads which you may find relevant and useful:
e.g;
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
https://www.lawyersclubindia.
You may proceed as deemd fit at your end.
Adv k . mahesh (advocate) 01 July 2013
without any complete details no query can be answered correctly
here we do not know why company has stopped and why you are facing financial crunch thus all the employees are facing the same or only you few employees what type of organisation it is
if an employee is not paid due to financial crunch of the company then you can report to labour commissioner
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