cpc

it concerns - salary pending issue


Dear Sir/Madam,
                This is Tamiselvan, in my previous company they wont  gave salary around 8 months. could anyone help me? what are the action we should take to get salary?

 

Thanks in advance!!!

 

Thanks,

SentamilSelvan G

 
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FIN

What was that establishment: Commercial, Industrial, Lawyer’s office/Law firm etc……………………….?

What was your designation and nature of duties?

You and redg. Office of the company was located in which state?

 

Narrate all representations made so far and mention each date, time of each call, phone numbers names of all officials to whom you have represented, and brief minutes of discussion by letter addressed to good offices of appointing authority, Occupier/Manager/Supervisor representing the employer/Paymaster,  MD………………..thru redg. Post and raise your demand.

 

If good offices do not provide relief you can approach appropriate forum under guidance of your Labor Consultant/Service lawyer.

 

If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..

 Employee can approach:

----Employees Unions :

--- Trade Unions e.g; CITU, AITUC, INTUC ............................


--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

After 1Y there might be a need to condone the delay.




--- O/o Labor Commissioner

----Lawyer/Law firm

---Civil Court

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office………….

(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)

--- Form16: ITO; TDS where you file your ITR

CIT-TDS (jurisdictional) where company files ITR


Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

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

 

There are many threads on similar queries that you may find relevant e.g;

http://www.lawyersclubindia.com/forum/Claims-not-settled-by-the-company-after-resignation-98912.asp

 
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