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syed allham (csr)     22 December 2016

Salary delayed by employer, its been 2 months.

Dear honourable members of lawyers club; I am a resident of Bengaluru and currently working in a private limited e-commerce start-up since 6 months. Our employer is currently running out of funds and investments and it's been 2 months none of the employees have received their salaries. We were requested to wait till the 3rd week of December and it's already 22 Dec and the founders are not clear about giving our dues. We approached the founders and they have taken 3 more days time i.e till Monday to give us clear confirmation on the issue. All the employees are pissed and have decided to stop working from Monday if there is no positive news. I would like to know in these kinds of cases how can the employee get justice; How can employees get their dues back legally and what rights do we have? Thanks in advance.



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 4 Replies

saravanan s (legal advisor)     22 December 2016

you can send a notice demanding the employer to disburse the salary within a stipulated time failing which you can move the issue to the labour commissioner

1 Like

syed allham (csr)     22 December 2016

Dear Saravanan sir thanks for the reply. 

What kind of notice; Should we seek a lawyer assistance? And does the employer have any feasibility of getting away without paying our dues?

Kumar Doab (FIN)     22 December 2016

You can and must approach:

 

A very able counsel specializing in Labor/service matters.

 

IT/ITeS employee's associations and which have been affilliated with Trade Unions; Log onto website of Dept. of Labor, Karnataka.

Greivance Redressal Committee framed by Dept. of Labor , Karnataka, and approach them.

Inspector appointed under ; Karnataka Shops & Estbs Act, Payment of Wages Act ( FIle separate Complaints and let Labor commissioner club everything if they want)

O/o Labor commissioner

 

Your counsels may also opine to file complaint u/s 406,420.....

Find out all assets of establishment and owners and report these.

Create noise, and follow up.

 

Kingfisher episode is still fresh in minds..............

 

 

 

 

1 Like

Kumar Doab (FIN)     22 December 2016

Write under proper acknowledgment to supply; appointment letter, I.Card, salary slips of all months, PFa/c slips of all years,ESIC card, Form16 etc etc

 

Record all meetings (audio/visual/minuted/witnessed)................and mention that from dated................(as discussed in meeting and allowed by owners) you are not attending office and shaal be marked present and eligible for payment of  wages/salary..............and you shall be at address................

It is agood thatv as on date NO owner has escaped/disappeared.


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