Thanaraj (Consultant) 11 December 2013

Salary not received for the past 1.2 year

Hi ,

I worked in a consultancy firm deputed in an MNC in Chennai from Oct'2012 to Dec'2012.

I received 1 month salary. But i was not given my 2nd month salary Rs. 50000/- (fifty thousand).

They are not picking up the phone or responding to my mails.

Can you please advice me. What should be my next step. Can i approach through Consumer court.

How long will it take the process.

Warm Regards,

Raj

Reply Follow

4 Replies

Kumar Doab (FIN) 11 December 2013

You have given very long rope to this employer.

The limitation period in your case may be 3Years.Act now.

Did you resign with immediate effect or by tendering notice of resignation?

The employer might have squared off the dues by adjusting notice pay.

Or were you terminated? If yes employer is liable to tender notice pay except if termination was due to some proven misconduct.

Were you under period of probation when you separated?

Were you appointed as an employee?

Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc

Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.

>> first point to be understood is that whether the notice period should be applicable in your case or not for service of say 3 months (Oct-Dec12)?

As per Model Standing Orders notice period/pay during probation period is NIL.

Notice period/pay is stated in Shops and Commercial Establishments Act of the state and as per length of your service it may be NIL.

Since employer has not been paying the earned wages it must have not paid the contributions of PF,ESIC, group insurance etc also......................................and must have not deposited TDS.

The non payment of wages, issuance of wage slip that should be verified and signed by employed as acceptance, is default by employer and can be penalized.

The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................

All such enactments must be available at the website of dept. of labor of your state or you can buy from market.

>> Your establishment if not excluded/exempted (that needs to be checked and confirmed from Inspector under this Act) must have registered under the following enactment and must have displayed the registration certificate near entrance/on notice board.

If you are covered under the def. of person employed under this act you can approach the inspector/chide inspector.

THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT, 1947

(ACT XXXVI OF 1947)

2.Definitions.

“commercial establishment” means.........

(12) “Person employed” means....................

(18) “wages” means............

4.Exemption.

6. Exemptions

28. Power of Inspector to act for person employed

29. Responsibility for payment of wages

30. Fixation of wages period

32. Time of payment of wages

34. Deductions which may be made from wages

41. Notice of dismissal: {{{ For period of service<6 months it is NIL}}}

43. powers and duties of Inspectors

>>> There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

And to approach employer as creditors treating unpaid wages as debt on employer.

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

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include theHR personnel, Manager Finance, appointing authority and MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

Your lawyer may even opine that the relationship was not that of employer-employee and you need to proceed for recovery of dues.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act;

-Inspector under Payment of Wages Act( applicable to all employees drawing wages as per def. of wages in the enactment up to Rs.18000/pm) :: The period to lodge complaint with Inspector under Payment of Wages Act is 1Y however to condone the delay is pleasure of the authority.

-RPFC, Addl. CPFC n the state, CPFC......................for PF

-Jurisdictional ESIC Inspector, for ESIC

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

-o/o Labor commissioner

-Civil Court.

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.