MVSudhir 19 January 2016

Employment - salary unpaid for project manager

We had an employee who worked as `Project manager' for only three months in total. The employee was drawing Montly CTC salary of Rs.53,334/-. His last salary (for 30 days) was not paid to him since he did not serve the notice period. Our's a Pvt.Ltd.company registered in Bangalore, Karnataka.

He had approached Asst.Labour Commissioner with a request to get unpaid salary is paid to him. Asst.Labour Commissioner had issued us a `Joint Meeting Notice' wherein he had asked us to join for meeting.

Please advice on the following -

A. Whether a Project Manager (who is not a Labour) can approach Asst.Labour Commissioner for unpaid Salary ?

B. Does the dispute of unpaid salary to Project Manager (a middle management grade employee) covers under purvew of Asst.Labour Commissioner or not.

Please advice.

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2 Replies

kameswarao S (Head HR) 20 January 2016

The Asst.labour commissioner asked you to attend the meeting so attend the meeting, listen, take time obtain the suggestions from the forum and act.

As far as the employee is concerned worked for 3 months & I opine he may be in probation and in general there won't be any notice period in probation. Check your company's rules and act.

Basing on the industry / establishment / state etc etc., the implications may vary.

Finally you are a HR man and better to clear the salary after working for one complete month instead of facing all these issues at Labour Department / labour court / higher courts ( wasting the money and time).

Is my personal opinion and listen to the Seniors.

Kumar Doab (FIN) 20 January 2016

It is bad publicity as rightly opined by Mr. Kameswarao S.

The notice period for 90days service period/during probation may indeed be NIL.

If you/employer/establishment are adamant before ALC then the heartburn of employee that has approached the forum for earned wages, shall be knwon to many.

It is felt that you are a IT/ITeS compnay that also has a unions and affilliated with trade Unions.

The designation alone does not decide the person is covered by the def. of 'Workman','Employee'.

There are various enactments that govern the service conditions including notice period and are applicable to employee/employer/establishment.

By the way what is the notice period during probation period and after confirmation, if employer has initiated the termination?