Mr. Rohit has given valuable advice. Kindly follow it.
Did the employees agree for 10% pay cut in writing?
Did the company agree to repay the pay cut in writing after its difficulties are over? Did the company ever describe its financial problems in writing to its employees and do you have the copy? Did the company show pay cut in salary slip ever month and its refund later in pay slip? Do you have the copy of agreement on pay cut if any signed by you?
Did the company disburse the 10% pay cut 1st and 2nd time?
In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act etc………as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips, appointment letter, standing orders, service rule book, HR policy, emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
Or you may have to agitate in civil court.
It is felt that:
union territory of Pondicherry like Delhi has its own legislature, ministers and funds.
And
Since the Union Territory of Pondicherry has not framed any Model Standing Orders, the Industrial Employment (Standing Orders) Central Rules, 1946, framed by the Central Government on 18.12.1946 (Schedule I), will apply, which states that the same will apply to all Union Territories.
In IT Policy 2008 of Pondicherry {attached} it is mentioned that:
1.5 DEFINITIONS
Following are the definitions of the terms used in this Policy:
? IT companies will include IT Services (ITS), IT Enabled Services (ITES), Private
Communication Providers (PCP’ s), and Software Industries,IT maintenance and
servicing units and Hardware units
3.3.4 Fiscal and Administrative Incentives:
IT companies will be permitted to self certifyfor purposes of compliance of the
following Acts:-o
The Factories Act, 1948
o The Payment of Wages Act, 1936
o The Minimum Wages Act, 1948
o The Contract Labour (Regulation and Abolition) Act, 1970
o The Pondicherry Shops and Establishment Act,1964
o The Payment of Gratuity Act, 1972
o The Equal Remuneration Act, 1976
o The Maternity Benefits Act, 1961
o The Industrial Employment (Standing orders) Act, 1946
{Implying standing orders act is applicable, to IT Industry. However you may verify from O/o Labor Commissioner.}
If company has not framed its standing orders model standing orders shall apply.
{ attached}
11. Payment of wages.--(1) Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid.
(2) All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
13. Termination of employment
.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Implying if the employer has not paid by the pay day and has been doing it every month, it is violation of the standing orders. Employer is duty bound to ensure that the wages and certificate of service is handed over to the employee on last day in office.
Moreover if the employer has not paid wages employer has caused breach of contract. If you have recorded the statement {audio/visual} of the employer during which he has declined to pay the wages you may succeed in lodging criminal breach of trust etc……...
You may also make note that if standing orders are applicable to you and notice period as per standing orders is 1 month and notice period in appointment letter is 3 months, the notice period to be applied shall be 1 month. Similarly you may look into notice pay as in case of standing orders.
Your lawyer may opine that a complaint under sec 420,406 etc can be lodged.
At Dept of Labor Pondicherry website:
Conciliation machinery can be accessed at:
https://labour.pondicherry.gov.in/html/loc/LRD_Conciliation_machinery.htm
The enforcement machinery can be accessed at:
https://labour.pondicherry.gov.in/html/loe/LRD_LOE_Enforcement_Machinery_TOC.htm
The matter pertains to your earned wages and you apparently have merits.
You have exhausted the options by writing to good offices of your company including Directors, CEO etc.
You have posted that :
--“And In August i decided to Quit the Company as i was not able to Manage working Without Salaries and Joined in New Organiozation.”
Did you submit notice of resignation and serve the notice period? Did you mention that as you are not being paid the wages you have no other option but to look for your source of livelihood somewhere else? If yes you could have added that the company should impose the condition of serving the notice period and notice pay as company is at fault and responsible for its misconduct.
--“At the Time of Relieving they told that they will settle the Pending Salary within 3 Months For the Date i got relieved.”
Did you receive FNF statement, work experience/service certificate and reliving letter? Has the company adjusted any notice pay in FNF statement to square off your dues? Did you give your acceptance of FNF statement and its correctness by signing it?
If company has issued FNF statement and reliving letter and has not adjusted any notice pay it may not succeed to adjust it now.
You may prepare your own statement of payables by company to you including 10% pay cut, bonus, performance pay, paid leave encashment, incentives etc and demand the payment within next 7 days and mention that you have been clamoring to get your payments and in event that your payments are not supplied to you by bank DD only and thru redg. post only so as to reach you in next 7 days you shall be constrained to seek legal advice cost of which shall have to be paid by company and thereafter you may approach lawful authority at their cost and consequences.
If the company does not resolve the matter amicable you may proceed under the expert advice of your lawyer and as deemed fit at your end.
