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Employee (ABC)     27 February 2014

No salary since more than 2 month

Dear Sir,

I am working with an organization since more than an year for sales. All our sales team salary is not paid due to no fund in the division as a reason since more than 2 months. Now the company is asking to either resign from immediate effect or will take action of termination from immediate effect. I didnt received any email conversation on this till date. I am not able to pay my Home loans, and many more expenses which are getting dues. Also now they are saying that my salary is sent for FnF where as niether I have resigned nor company has given any written notice for the same. Please help me as how can I recover the money.



Learning

 3 Replies

NRK MURTHY (Manager)     27 February 2014

Dear sir,

 

  1. you can go and consult area labour department they will give good solution to your problem.
  2. You will file on civil suit on particular company.
  3. The company have any unions they will give 2 months notice 50% salary or that company terminating any employee they will take Govt permission.

These are the methods you can recover the money.

Murthy

Kumar Doab (FIN)     27 February 2014

Record audio/visual while the employees are being threatened to resign or face termination.

If you have evidence it shall help you and without evidence you may suffer.

All employees may stand as a witness to each other.

This shall help a lot to claim Lay off/retrenchment compensation and damages.

Forced resignation can be termed deemed termination and it an offence too.

Salary has to be paid on usual pay day or the employer can be penalized.

If there is a default on payment of wages 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.


--- O/o Labor Commissioner

--- ESIC Inspector; 

 

--- RPFC in nearest PF office


--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR


----Lawyer/Law firm

---Civil Court

 

 


Attached File : 959955619 payment of wages act 1936.pdf downloaded: 79 times

Sanjeev Kumar Baliyan (Advocate & Consultant)     01 March 2014

Hi,

You should serve a legal notice to your company through an advocate as per the terms and conditions of your employment and company policy.

Thanks


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