Employer not giving salary

I doubt you will be able to get anything from the company.  In any case if you have offer letter of any kind and appointment letter subsequently, you may approach able counsel locally who specializes with Labour cases.  You can also contact Mr Kumar Doab on the forum or wait for his reply.

Thanks for your quick reply , will wait for Kumar Sir suggestion.

At least I am not aware of any Law that allows engaging a person to work as employee but without wages.

The Mangement can engage a person as Trainee ( under Mangements’ stading orders) or apprentice as per apprenticeship rules.

In such cases Stipend is paid.

Or if a person isengaged as employee less than Min Wages should not be paid.

 

It is difficult to understand why anyone would agree to work without wages!

 

Even if one is Fresher?

 

 

Did you agree to work without wages in writing?

Do you have copy of Campus Placement notice/interview call/selection letter/offer letter/appointment letter…………………..I.Card, attendance record, work reports etc etc from 1st day of joining to next 3 months and then after 3 months till date?

 

So that you can prove that you were working like regular employee and doing the work of regular employee, for 1st three months.

As a fresher I wanted to learn things and so I agreed for working without wages for 3 months . I have appointment letter where in they have mentioned all salary details that they would provide salary from 4th month and regarding the increment I have the acknowledgement email sent by the MD.

Originally posted by : Latha
	As a fresher I wanted to learn things and so I agreed for working without wages for 3 months . I have appointment letter where in they have mentioned all salary details that they would provide salary from 4th month and regarding the increment I have the acknowledgement email sent by the MD.

This appointment letter deserve a place in the museum 

 

Originally posted by : Latha
	As a fresher I wanted to learn things and so I agreed for working without wages for 3 months . I have appointment letter where in they have mentioned all salary details that they would provide salary from 4th month and regarding the increment I have the acknowledgement email sent by the MD.

This appointment letter deserve a place in the museum 

 

Attach copy of appointment letter and also emails/letters sent by employer.

You may erase the names, logo etc to maintain confidentiality.

The employee can lodge complaint the moment payment of earned wages is delayed even if by a day from fixed pay day.

You are covered by Payment of Wages Act and this Act does not discriminate between ‘Workman’ and ‘Non Workman’ as in ID Act.

You might be covered in your state by Min.Wages.

Employee can demand salary slip.

Ref: Payment of Wages Act Sec: 13A.

Min.Wages central Rules: 26(3, 4).

This employer is unworthy of being employed with.

Due to the Non Payment of Wages for months, the (penultimate) clauses in appointment letter e.g; Notice period should loose its sanctity.

Otherwise also it shall be goverened by various enactments that applies to establishment and employer and employee.

 

If you have resigned due to Non Payemnt of Wages and sent the resignation by ordinary post, you can attach a copy by email or by letter thru Redg. Post.

If you have compelling financial constraints to be unable to attend office due to Non Payment of Wages you can mention that.

The employer is sending communications to you to square off the dues claiming loss due to your absence ( loss+notice pay).

Your reply should preferably be drafted by a very able counsel specializing in Labor/service matters or at least a seasoned employee’s/trade union leader, after examining all documents on record and your inputs in person.

 

It is one of the possibilities that you can succeed to get wages from day1.

It is felt that contentions and allegation of employer can be defeated (on merits).

 

What was designation and nature of duties as in appointment letter and as actually performed by you from day1  to last day in office?

( Let it also be related with employer's communications to you alleging absence and loss) 

 

It is believed that it is some IT/ITeS company.Confirm

How many people are employed in it?

You are in which state?

You have worked for how many months?

Are you member of any IT/ITeS or employee's unions or Female employee's forum, Trade Unions?

Are you staying with your family/elders?

The Inspector appointed under: Payment of Wages Act, Shops & Estbs Act of your state

Higher Officials of Dept. of Labor

O/o Labor Commissioner

 may be approached.

Support of Employee's/Trade Unions, a very a ble counsel specialising in Labor/service matters can help.