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SK Tripathi (Pvt)     08 September 2013

Non payment of remuneration

A contractual doctor's employment with Central Govt. Health Service, for an agreed remuneration of Rs.46,000/- has not been paid for about 3 months of uninterrupted service, by the local authority. This is a breach of trust & contract by the local authority.

1. What is the legal implication of non payment of the employer?

2. What action should be taken by the employee concerned to recover the payment?

3. If the employee stops working after repeated reminders, is he liable for loosing the remuneration altogether & to face any damage subsequently?

Please answer.



 2 Replies

Advocate Rohit (Advocate)     08 September 2013

If the employer has not paid dues to the employee, then he cannot enforce the legal liability on the employee if the employee had left the company.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 

Kumar Doab (FIN)     08 September 2013

The terms and conditions stated in the contract should be looked into carefully.

In case the contractual employee stops attending to the duties the employer might be pleased to adjust notice pay (if any)………………………….and terminate.

Before taking any step it shall be appropriate to consult a local lawyer and issue notice/reminder to appointing authority, local authority by redg. post.

There should be suitable record in writing to declare the employer as unworthy of being employed with, breach of contract, situation fit for conditions of notice etc having become void……………………….

 

 


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