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Bhavesh Rajput   11 April 2020

Employer can hold salary of employee

hi,

my self bhavesh Rajput here want to know employer can hold salary of employee under which circumstances. if employee is on leave for more then 20 days but in contact with his employer then can they hold his salary.

thanks.


Learning

 8 Replies

Archit Uniyal   11 April 2020

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. Unless the courts have authorized the employers.

Section 4 of the payment of wages Act states – Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended sending a legal notice enumerating all the actions that you may take from a credible lawyer

You have certain remedies mentioned in India laws:

  1. Approach Labour Commissioner:
  2. Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves.

Hope this solves your query,

Regards,

Archit

 

Archit Uniyal   11 April 2020

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. Unless the courts have authorized the employers.

Section 4 of the payment of wages Act states – Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended sending a legal notice enumerating all the actions that you may take from a credible lawyer

You have certain remedies mentioned in India laws:

  1. Approach Labour Commissioner:
  2. Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves.

Hope this solves your query,

Regards,

Archit

 

Archit Uniyal   11 April 2020

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. The employers dont have the right to withhold the salary of an employee unless the courts have authorized the employers.

Section 4 of the payment of wages Act talks about the Fixation of wage period which states that every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended to send a legal notice enumerating all the actions that you may take from a credible lawyer.

You have certain remedies mentioned in India laws:

1) Approach Labour Commissioner

2) Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves. Hope this solves your query,

Regards,

Archit.

 

1 Like

Arun   17 April 2020

Can employer delay salary payment in lockdown period ,if yes, then how far. what is protection to employees if salary payment is not made.

Talk Zone (CFO)     17 April 2020

Reply to query of Arun is awaited here too

Forly19   19 April 2020

Wonderful post, thanks to the author! I have found many useful things for myself.

SALA SATEESH (lawyer)     13 May 2020

please refer to circular dtd:27.3.2020 by the Ministray of labour and employment advised various industries/enterprises/companies/ associations to not to retrency any employee and continue paying the wages/salaries. Further on 29.3.2020 the Ministry of Home Affairs issued a circular for payment of full wages to the workmen wherein the period of lockdown is to be treated as"paid holiday", which is binding and under sec. 51 to 58 of Disaster management act penalises any  non-confirmity of the order or directions and also  recovery of salry amount from the emplyer with fine upto 10 times and even Epidemic Disease Act 1897.

Santu Saha   14 May 2020

I am a loan collection agent. The owner of our agency has not been paying us for the last two months. Where can we complain or get help ? We will benefit if you say so.

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