Manjunath Pujari Gowda (XXXX) 23 July 2013

Non payment of salary

Hi,

I have been working for an NSE/BSE listed organisation in Bangalore for past 2 years. We have been facing salary issues and the company has not paid our salaries for past 3 months. In the past we faced with similar issues however this time its getting worse. Our livelyhood has become miserable. When asked management about the salary they say they do not have any information as when we might get our salaries. It is becoming difficult for us survive. Please can some one get me right contact to proceed. Please HELP !!!

Thanks.

Reply Follow

4 Replies

Advocate Rohit (Advocate) 23 July 2013

you would be required to file a plice complaint against the company and its directors for cheating, breach of trust and you need to serve them a legal notice through an Advocate asking for payment of outstanding dues.

Fialing which you may file a civil suit.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN) 23 July 2013

Many employees working in your trade have been initiating similar threads.

The companies in this trade are probably are facing acute recession, slump, and thus revenue crunch.

In case the employer states it has no resource to pay the employees and files for liquidation/bankruptcy, then employee shall be last in the queue for getting his payments…………… therefore obtain all information on asset of the company and directors………………….and move to collect your dues as ap.

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

Labour & Service Law > Others > Company in liquidation

All employees may approach a competent and experienced labor consultant/service lawyer and give inputs in person. Let your lawyer opine on would all be covered as ‘Workman” as in ID Act and “Employee” as in Shops and Establishments Act’.

Does this company have its certified standing orders and does Industrial Employment Standing Orders Act/Model standing Orders apply to it and has the standing orders been extended to your designation?

An employee covered by these enactments and statue would be protected up to that extent, leaving few choices with employer or the employee may have to approach civil court. These enactments should be available at the Dept. of Labor website of your state.

Is this company providing salary slips, showing deduction of PF, TDS in salary slips…………………….?

All employees may unite hands and be witness to each other.

Be a member of some trade union.

Narrate all representations made to management (mention names, designations, dates……………and response………..) by a representation ( preferably by letter thru redg. post) addressed to good offices of appointing authority, MD, CEO, Chairman, Company Secretary with a copy to Head-HR…………..

Conclude that employee is facing acute financial hardships and is not able to manage kitchen/household expenses, to support family, to fulfill social/moral responsibilities towards family/parents etc………………..and can no longer bear expenses to attend office/duties…………………………

It is time to firm up next venture as ap.

If employee(s) contemplate to separate be sure to mention that in case of such severe breach by employer clause of notice period/pay has lost its sanctity and validity and employer on his own should waive off notice period/pay………………….

The company should have registered under ‘Shops and Establishments Act’ of the state and should have displayed the registration certificate near entrance on notice board.

The o/o Labor commissioner, Inspector/Chief Inspector under ‘” (name of the state) Shops and Establishments Act’, Inspector under Payment of Wages Act are expected to take suo moto notice of such incidences……………………………A phone call, email, letter, visit in person should be sufficient for them.

These offices are under the purview of RTI act. These offices can check the records and registers of the employer and can even call for the records in their office.

Try by dropping a whisper that the employees are contemplating to call a press conference on info passed to these offices, escalate to superior offices/regulators and even minister/ministry/ court of law……………

There are threads suggesting that employees have contemplated to lodge criminal complaints under sec 406,420……………………………………and to approach employer as creditor treating unpaid wages as debt of employer………………………………. to file a money recovery suit within statutory time period under order VII before the Civil Court where the office of his company is situated,……………………. Filing civil suit under Order XXXVII as a smart option………………………...

Many employees and their counsel are able to resolve such matter s by applying exceptional levels of mediation, arbitration, negotiation, reasoning, persuasion, persistence, conciliation skills.

You may go thru an interesting thread at;

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UeI3aNKAqWN

Many lawyers and Trade union leaders are skilled negotiators, arbiterators and can drill sense inot the heads.

There are many threads you may find useful:

Valuable advice of learned experts is sought.

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM

https://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM

https://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM

https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM

https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs