Jayant (Trainer) 11 November 2014

Delay in the salary

Hello Everyone,

I am working in an organization in Bangalore for the last 15 months. It is a very small company which consists of 25 employees. I have my offer letter which states that I would receive my salary the 1st week of every month.

Since 2 consecutive months, I have been receiving it on 10/11 of the month. Last month, after I informed about the delay to the finance team, they sent an apology email to everyone. I am yet to receive my salary for this month.

I had sent an email to my Chief Operations Officer regarding this issue. In return, she blamed it on the employees for not delivering to the customers.

I am a common man who has to pay rent, buy groceries, pay loan, etc. The penalties are increasing every month.

Note: I am on a contract for 2 years. The company has deducted 30,000 rupees in the first 6 months of my employment in the company. This amount will be paid after the completion of 2 years in the company.

Any suggestions???

Regards,

Jayant

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1 Replies

Kumar Doab (FIN) 11 November 2014

Even if customers of the company (even if a small company ) don't pay, the employer has to pay the wages on time on the pay day as stipulated in various enactments eg. Payment of Wages Act, Karnataka Shops & Commercial Establishment Act....... You can approach Inspector appointed under both Acts, O/o Labor Commissioner, IT employees unions( there are many), trade unions......preferably thru your lawyer. The employee can lodge a complaint the mommemomment the payment of unpaid wages are delayed ebb if by a day. The employer can be penalized say Rs.7500/instance. You may download all communications/emails. The service agreement is signed in lieu of what: eg some training from some certified instrument. at the entire cost of company? If co. has not granted any extraordinary favor then the agreement may get termed as unconcienable.....void. No deduction from earned wages other than statutory ones eg.PF, TDS, etc can be made and each deduction has to be shown in salary slips......... Salary slip has to be issued to all employees at least a day before disbursement of Wages and should be signed by both employer and employee. Has the company obtained your written consent for this deduction? Has it been issuing salary slips and has it shown deduction in it and under which head? The reply and reasoning of COO can be termed Bad. The delayed payment of Wages shall render the employer as unworthy of being employed with. The company pdovides for PF, ESIC etc or not? Has the company supplied you the signed original copy of so called 'Agreement'? You may ask the damages/loss you suffer due to delayed Payments. Pls consult your Labor Law Consultant/Service lawyer with all doc's on record and understand the merits and options before you proceed further. Choose the options wisely that suit your aptitude.