Employer not giving settlement amount

Dear Ashok,

I have some answers to ur queries. I m presently working in a PSU where for first 5 yrs no application will be forwarded for outside employment and even after 5 yrs it is upto the competent authority to allow or not., the right to allow is reserved to the organisation. If u apply without their knowledge and caught u will be charged with misconduct and they ll take appropriate disciplinary action. Although Deptt of personel and Training , GoI says not to allow a candidate to interview if the application has not been routed though propr channel or NOC produced at the time of interview, some Goi Organisationss  do some times for reasons best known to them BUT they ll cosider u as a fresh recruitment and pay protection will not be done. they ll pay the minimum or  few increments, u can resign and join there if u r happy .But in case of applying throuh proper channel /NOC u ll get pay protection, transfer or encashment of ELs, Gratuity  and some other benifits.In that case u ll resign and join and that is known as Technical Resignation. This is my  own story not once but twice but its true the hardship for applying through proper channel and facing the cosequences like less bonus, delayed promotion. For more u can ask me .  

There are threads at LCI initiated by employees/employers showing employees have lodged police complaints under Sec 406, 420 and pulled employers to police stations, and that employees united and published reports in media.

All employees like you may unite and be witness to each other and lodge complaints with Labor Inspector in o/o Labor Commissioner, Wages Inspector under Payment of Wages Act, Inspector under Shops and commercial Establishments act………These enactment have clauses and provisions on unpaid wages……….and may be available at Dept. of Labor web site of the state ……….

-------Shops and commercial Establishments act is applicable to all employees and does not indiscriminate between workman and non workman.

One of the duties of Inspector is to ensure that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld

E.g SE Act of Delhi:

37. Powers and duties of the Inspector:

(b) Duties of the Inspector:

(i)  that in dispensing with the services of an employee the provision of the Act and Rules

have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been

Withheld;

{You may approach the Inspector for payment of wages of the period you have worked}

------------- Designation alone does not decide employee is a workman or not.

Your lawyer may ask you a set of structured questions and may opine that you and other employees fall within the category of workman.

Model Standing Orders:

11.    Payment of wages.—

13.Termination of employment;

(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.

17.   Liability of 17[employer

18.   Exhibition of standing orders

All employees should join hands and approach a competent and experienced labor consultant/service lawyer jointly and proceed under expert advice of your lawyer.

-----You may go thru Payment of Wages Act;

(Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.180000/pm)

Does this company supply pay slip? Employer should and get it signed by employee and maintain record for 3 years.

2. Definitions.-

3*[(vi) "wages" means……………….

(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

13A. Maintenance of registers and records.

5*[13A. Maintenance of registers and records

5. Time of payment of wages.-

6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:

5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]

15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.

16. Single application in respect of claims from unpaid group.

------The unpaid wages may be treated as debt on employer.

You may go thru following thread;

Discussion > Labour & Service Law > Disputes >Delay in full and final settlement payment

At:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

--------The company has to notify the o/o Labor Commissioner, Controlling Authority of Gratuity well in advance before closing the company.

--------The employees have the option to approach the Trade Unions also.

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer.

Valuable advice of learned experts/members is sought.