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V Kumar Singh (Executive)     08 October 2012

Arrears

I was working in a small private company which was into BPO operations. i did not take any appointment letter/document at the time of joining. the director requested that i work without any salary for a few months till operations begin and he would pay me those arrears later. this was a verbal understanding. After 11 months, he did start paying me salary (rs 25,000), but my arrears were not given to me. i left that place after working for 2 years. it has been 1 year since i left that organization. now, can i claim arrears of 11 months, if i show proof of work (for those previous 11 months)? pls learned members kindly suggest.

Thank you.



Learning

 4 Replies

Raja (XYZ)     08 October 2012

you can claim. first send a legal notice. then file a suit or as require according to the reply ! feel free to contact me if required

1 Like

Advocate Rohit (Advocate)     08 October 2012

Dear Amit,

 

Kindly provide the copy of the said documents and the copy of the communications in writing or by email asking for your arrears, if any on email id: onlyrohit2003@yahoo.co.in

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

1 Like

V Kumar Singh (Executive)     11 November 2012

thanks, dear members for your contributions.

 

what would be the time and cost for such litigation ?

 

Kumar Doab (FIN)     11 November 2012

You may look into SE Act applicable to your state, which you can obtain from Dept. of Labor website of your state or market.

E.g. SE Act Delhi explains the conditions applicable to employers for issuing appointment letter to all employees and conditions to keep, maintain and produce record and registers. If no appointment letter is issued, it odes not imply that individual is not employee.

You may raise your demand in writing by letter under proper acknowledgment addressed to your appointing Authority, MD, Company Secretary with a copy to Head-HR, mentioning period of your service. Thereafter you may meet the employer and apply goodwill and rapport generated during employment and persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor. This shall be the quickest and easiest solution.

The  IT/ITES industry was granted some incentives as per IT/ITES policy of the many states. You may look into the same for your state. State of Karnataka has ended the blanket exemption granted to IT industry from Industrial Employment Standing Orders Act.

In a given situation employee can invoke the provisions of ID Act, Se Act, Payment of Wages Act, Industrial Employment Standing Orders Act as per explanation of employee under these enactments or approach civil court.

If you have worked closely in an enterprise and you have been close to the promoters you would know how the business was conducted and all loopholes. You can have a handle on this enterprise. You are asking the promoter/owner to keep his promise of paying you your wages, and your demand is genuine. It is up to you to choose litigation or persuasion of twist the arm of unwilling promoter/employer and exercise the influence as you him in and out. Any way you should succeed in getting your due wages by all means.

You may raise your demand in writing by letter under proper acknowledgment addressed to your appointing Authority, MD, Company Secretary with a copy to Head-HR, mentioning period of your service. Thereafter you may meet the employer and apply goodwill and rapport generated during employment and persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor.

 

You may look into SE Act applicable to your state, which you can obtain from Dept. of Labor website of your state or market.

E.g. SE Act Delhi explains the conditions applicable to employers for issuing appointment letter to all employees and conditions to keep, maintain and produce record and registers. If no appointment letter is issued, it odes not imply that individual is not employee. The act also explains “ Claim on Wages”.

You may raise your demand in writing by letter under proper acknowledgment addressed to your appointing Authority, MD, Company Secretary with a copy to Head-HR, mentioning period of your service. Thereafter you may meet the employer and apply goodwill and rapport generated during employment and persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor.

 

 

21.   Claims   relating   to   wages.

30. Notice of Dismissal.

COMMENTS

(a) Applicability of section 30

     The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer      and   the  contesting    respondent     containing    any   particular   terms   or  conditions,    the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954;

33.  

Records.—

4)   The   occupier   of   every   shop   or   establishment   shall for   the  purpose   of this  Act maintain such other records and registers and display such other notices as may be prescribed.

(d)    Can    an   Inspector      require     an   employer      to   produce      the  record      in   his   office   for inspection?

34.   Employer      to   furnish   letters   of  appointment   to       employees.—The         employer     shall furnish every employee with a letter of appointment.

Failure   to   issue   appointment   letters   under   section   34   of   the   Act   to   the   employee       amounts to ‘unfair labour practice’ resorted to deprive them of the benefits which accrue            to   them   due   to   the   length   of   their   service.

35.   Inspection   of   Registers   and   calling   for   information.—It   shall   be   the   duty   of   every occupier   of   a   shop   or   establishment   to   produce for inspection   of   an   Inspector,   all   accounts  or records   required   to   be   kept   for   the   purpose   of   this   Act,   and   to   give   any   other   information   in connection therewith as may be required.

 

 


Attached File : 843775971 delhi shops & establishments act, 1954.pdf downloaded: 66 times

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