Non payment of salaries and statutory dues

You can submit your grievances to the commissioner, labour department at your office area. 

Hi! Thanks for the question! Here there are two laws that you might be dealt with. The Wages Act (for salary less than Rs. 18,000 /- P.M) and Order 37 of CPC if the salary is more than Rs. 18,000 /- P.M. In both the scenarios, the steps that you should follow are - 1. Serve a proper legal notice through a reputed lawyer practicing such recovery cases. 2. File a police report for cheating and not paying the dues. Here you will have to give proper accounts and details of the salary and other dues with dates and other details. 3. Lastly, file a suit in the Civil Court or Labour Court (Depends on the category that you fall in). However if you handle the case well in the earlier stages you will not have to come till this stage and invest huge amounts of money,time and energy. About the question, whether you should stay in the company or leave, I suggest you to stay in the company and proceed as that will keep the company under constant pressure and the things will unfold in less time.Feel Free to ask question if any! Good Luck!

Dear Raghav, thank you for the guidence. I am just trying to clear my head on- staying with the company or leaving and taking legal action. Your advice helps a lot.

We are here for you dear! All the best :)

You may not give any more and long rope to such unscrupulous employers and IT’s attorney’s in line management/HR/Legal cells… And try to be with some establishment with good HR practices..ASAP.

This employer is unworthy of being employed with.

While in employment gather irrefutable evidences of delay/non payment of dues, default on statutory dues e.g; PF, ITax,ESIC, Bonus …and Group Insurance  etc etc  and representations made till date by employees under proper acknowledgment …..assurances made by employer…

And also employee has not committed any breach, damage, loss and has displayed integrity and good conduct..

 

The steps that you may take are to be decided by you as per your aptitude, resources and preferences..and consult like every employee should consult i.e. elders of the family, competent and experienced well wishers, seasoned PIP/employee’s/trade union leaders….and very able LOCAL counsels….    

 

Perspectives; Either resolve with your own skills; persuasion, persistence, negotiations, reasoning

 

or lean on your seasoned employees’/trade union leaders

Very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/Service matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt

officials in Dept. of Labor ( if you are covered by enactments)…

 

IT shall be appropriate to build some irrefutable written record while in employment for use at appropriate time in appropriate forum if the need be ………….. e.g; gentle communications under proper acknowledgment, on nonpayment of salary on promised day and despite assurances (duly narrated), financial hardships, inability to bear expenses  etc etc and same may be reduced in notice of resignation/resignation….This may come handy to term employer as unworthy of being employed with, contest penal charges/damages/allegations….if any leveled by establishment/employer/attorney’s of employer…defeat claims of notice pay/liquidated damages/loss by employer…..adverse comments in BGV.. etc etc   The evidence of Bad (adverse or false) references may also be collected…  

 

The pay day, salary slips, notice period, notice pay, rate of notice pay, leaves, leave encashment, rate of leave encashment is part of service conditions and governed by various enactments applicable to establishment, employee, employer…. e.g;

 

(name of state) Shops & Estbs Act…and rules framed under the Act {Contract of employment unlike other contract should provide equitable discretions. This enactment may not provide for any notice period for employee but may provide for employer and may be say;30days …SO by equitable discretion notice period for employee may be 30days . i..e person that is covered by the def. of ‘Employee’ as in the Act.} . Inspector appointed under the Act can be approached..

 

Payment of Wages Act {This enactment does not discriminate between Workman, Non Workman and by def. of wages may cover any employee.}. Inspector appointed under the Act can be approached..  

 

ID Act { This enactment is applicable to Workman as defined in the Act and does not lay down any notice period for workman but for employer in case of retrenchment.}. ALC/ALCC can be approached…

 

Standing Orders; Certified/ Model; Standing orders are certified on the lines of Model Standing Orders. May provide for notice period max. upto 30days and duly describes the provisions on service certificate...etc

Or NCLT, Civil courts can be approached..

 

You can seek free legal aid from DLSA as suggested above.

If you decide to separate by resignation tender proper notice un der proper acknowledgment and get waiver of notice period/pay and obtain offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………service certificate, relieving leter..

 

There are many threads on similar query that you can search in SEARCH option in threads articles etc

e.g;

https://www.lawyersclubindia.com/forum/salary-not-given-by-employer--181008.asp

Artcile under my profile;

Employee is Entitled to Interest if Payment of Salary is Delayed !

Even a supervisor and irrespective of the salary is a workmans

Same Query;

https://www.lawyersclubindia.com/experts/Non-payment-of-salaries-and-statutory-dues-683016.asp

Hi friends ,I joined a private company in 2015 to 2016 and on applying I lied a work experience of 4 months under the name of a fake company. But in the company they hired me not on the basis of work experience what I claimed and they even not asked expereince certifcate also. I relived in a proper way in 2016 in that company. Now i got selected for Central govt grade 1 job and in the attestation form I mention the address and name of that private  company. ( not the name of fake company that I mentioned in resume ) One of my friend told me that during character and antecedent verification ..the appointing authority will probe previous work places and check our character and other details we furnished with that company . My question is .. does the recuiting authority are empowered to sue me legally for stating wrong details in resume what I produced in the company ? Is resume lying is crime under law in India ?

 

 

Sorry for posting here as I didnt got any response in my orignal post 

https://www.lawyersclubindia.com/forum/Does-lying-in-job-resume-be-legally-sued--181269.asp

One response is posted at;

https://www.lawyersclubindia.com/forum/Acceptance-of-resignation-letter-and-issuing-relievingletter-183076.asp

One response is also posted at;

https://www.lawyersclubindia.com/forum/Acceptance-of-resignation-letter-and-issuing-relievingletter-183076.asp

For the query thread - Does-lying-in-job-resume-legally-sued.asp.

Friends, Sorry for delayed posting but I wanted to share how I solved the issue. I solved the problem straight forwardly, by intimating the error in the resume to the concerned company's HR manager 2 year back itself. Actually the problem raised as I submitted a Half edited resume copy of a sample resume by mistake in that company. Sorry, for exaggerating the details in the query which I posted (like govt job verification, etc - nothing such happened) as I needed immediate response from you then. In that time, I am in a dilemma either to intimate the mistake or leave as it is , because of confusion what they will think about me, for the mistake in CV which I failed to notice. But the HR manager was a down to earth person and she gracefully accepted my apology and resolved the error. In my experience, be honest and forthright, things will come to your favour. Thanks all

For the query thread - Does-lying-in-job-resume-legally-sued.asp

As I was preparing for govt exam in that time I wanted to know whether it is a serious issue to leave the unintentional mistake, that remained uncorrected in CV that I submitted in my previous company. It’s resolved then. Thanks to all again for the guidance provided.