The office at Delhi should have registered under Delhi Shops and Commercial Establishments Act and should have informed the Inspectorate before closing down the Delhi office and your Labor Law Consultant/Service matters lawyer may ask you a set of structured questions and may opine that you shall be covered by the def. of ‘Employee’ as in this Act and also as ‘Workman’ as in ID Act…… and can agitate at Delhi and can approach Inspectors appointed under these enactments mentioned above and in addition she may decide to approach Employee’s /Trade Unions too and may contemplate to lodge complaint u/s406,420………………..
Unpaid wages are debt on employer and employee can proceed as recover the debt ………………as creditors to the establishment….
The designation alone does not decide the employee shall be covered or not.
This Act is so employee friendly………..you may go thru it at:
https://www.lawzonline.com/bareacts/delhi-shops-and-establishments-act/delhi-shops-and-establishments-act.html
Even Bombay Shops and Commercial Establishments Act is so employee friendly……….and as per this Act if establishments employ 50 or more person Standing Orders shall apply and if standing orders are not certified Model Standing Orders shall apply……
https://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf
What exactly the performance has to do with the payment of salary, Bonus,LTA and reimbursement of expenses?
A similar query has been discussed at:
https://www.lawyersclubindia.com/forum/Salary-issues-and-proprietor-s-right-115323.asp
(name of the state) Shops and Commercial Establishments Act…………………..stipulates that earned wages have to be paid by fixed date/day…………and Payment of Wages Act also stipulates that earned wages have to be paid by fixed date/day…………….Min.Wages Act may also apply…..
Employee can lodge a complaint the moment the payment of earned wages is delayed by even a day and Employer/establishment can be penalized say Rs.7500/instance………..
Can an employer, employ a person on wages and deny payment of earned wages citing some targets not achieved :::NO………….
Can salary be linked to achievement of targets:::: In all probabilities::::NO.
Incentives on achievement of targets can be proportionately paid…
Salary slip duly signed by employer and employee has to be supplied to the employee atleast a day before the disbursement of wages::::You may go thru: Payment of Wages act; Sec13A; Min. Wages Central Rules26(3,4)………………………..then employer is under obligation to maintain various forms/registers pertaining to payment of wages under (name of the state) Shops and Commercial Establishments Rules and you may note that falsification of record is offence……
You might be eligible for PF,ESIC and employer might have defaulted on these…………
Therefore it is in interest of employer to exercise restrain, strike rapprochement……………….. supply the acceptance of resignation, service certificate, relieving letter, PF number with a/c slips,ESIC card, salary slips of all months, correct FnF statement, Form 16 as per correct FnF statement, NOC/NDC and buy peace……..
At Delhi you can access Lawyers par excellence and you may proceed under expert advice of your lawyer……
