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Amrita Biswas Chowdhury   01 June 2017

Laws against the employer for not paying salary

I have been working with a IT firm for last 3 Years. From September 2015 many of my colleague left the firm saying that his 2 months salary was due,after that couple of other colleagues also left with the same reason,But None of them demanded their salary from the employer because they believed that its impossible to get the salary from the company.This has been a tradition in the company by the CEO to hire people let them work for 2-3 months and pay their 1 month salary after 2 months of working or remove them without giving their salaries talking about poor performance.For almost 3 months he did not pay my salary and kept on giving different kind of Excuses every time. I do not want to keep quite on this matter like others because he is continuously spoiling the career of many freshers by giving them Lucrative offers in the beginning and than spoils amny of their precious months.What should i do?

We already lodge a GD in our local Police Station. There are almost 7 persons , who jointly lodge a General Diary. But now the Investigation Officer is saying that he will not be able to recover our salary which is almost total 1.7lakh. He can only try to recover one person money, that also not sure.
Please suggest, what else I can do to get my money back asap?



Learning

 13 Replies

Kumar Doab (FIN)     01 June 2017

While posting such queries employee should post basic information!

 

 

 

What is this establishment; Commercial, Industrial?

 

 

What is its nature of business say; IT, ITeS?

 

 

How many persons are employed in it?

What is your designation and nature of duties?

 

 

 

How many persons report to you?

 

 

 

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

 

You are in which state?

Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

Was ever any stinker, memo, show cause notice on any misconduct issued to you……………..or even said under performance?

Are you a member of employee’s/trade unions?

Kumar Doab (FIN)     01 June 2017

What was monthly salary?

Kumar Doab (FIN)     01 June 2017

 

Under performance/Low Performance is NO reason to deny salary to employee.

If employment is terminated on such reason, without any notice then notice pay may become payable by employer.

Amrita Biswas Chowdhury   01 June 2017

Around 23 k

Kumar Doab (FIN)     01 June 2017

Respond to all points, pointwise.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2017

Approach labour commissioner office and give a complaint.
A COMPLAINT ABOUT NON-PAYMENT OF WAGES, OR DELAY IN PAYMENT OF WAGES MAY BE SUBMITTED IN THE PRESCRIBED FORM. (See format)
ON RECEIVING THE COMPLAINT A LETTER SHALL BE ISSUED TO BOTH THE PARTIES TO APPEAR BEFORE THE  INSPECTOR ON A SPECIFIED DATE AND TIME TO SETTLE THE MATTER
BOTH THE PARTIES SHALL BE HEARD IN AN UNBIASED MANNER.
IN NORMAL COURSE EFFORTS SHALL BE TAKEN TO PROVIDE RELIEF WITHIN 2 OR 3 WEEKS.

Kumar Doab (FIN)     01 June 2017

O/o Labor CommissionerALC can be approached if as an employee you are covered by the def. of 'Workman' as in ID Act.

Then you need to determine  you have approach : State or Central.

 

Kumar Doab (FIN)     01 June 2017

Assuming that you are not covered (assumption only as you might be covered despite the desigantion/decorated desigantion given to you) you may still have the recourse in state enactments.......... 

Kumar Doab (FIN)     01 June 2017

Post break up of Salary and you may have a rcourse in enactments that do not discriminate between 'Workman', 'Non Workman'.

Kumar Doab (FIN)     01 June 2017

IN case you do not want to post reply to all points, approach a local senior and very able counsel  of unshakable repute and integrity specializng in Labor/service matters and spend qulaity time in person.

 

Seasoned employee's/Trade unions leaders can also help you.

Ms.Usha Kapoor (CEO)     02 June 2017

Thwe Management's attitude smacks OF HIGHHandedness, mLAFIDES,PREJUDICE AND UNFAIR LAbor practice. You approach Labor comissioner who would depute you a labor  Inspector to addrss your grievances. The management HAS TO COUGH UP YOUR 3 MONTHS NOTICE PAY ATLEAST LEAVE ALONE YOUR 3 MONTHS SALARY.

Kumar Doab (FIN)     02 June 2017

If you don't want to post any response then you may approach the O/o Authority as per enactments that are aplicable in your case.

Kumar Doab (FIN)     03 June 2017

Unpaid wages/promised amounts/payouts are debt on employer.

Winding UP petition is one of the recourse.

This recourse can send chills down the spine.a


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