Salary issue

Dear sir.

As per provisions of the Industrial disputes Act, after completion of one month service, the Management should serve the one week notice before terminating their employee and should submit such notice copy to the Labour Department  Authorities with in 3 days by serving notice to their employee.  Payment of wages for the employee worked period can not be stoped untill otherwise such relevant cause showed by the Management.  In this two issues are to be keep in mind by the Management .  One natural justice and second, burden of proof  on the Management if there is any fsult with employee.

Thanks & Regards,

MSR.Murty     

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

Apparently management has not declared on record with a copy to the employee whether his/her services are terminated or not and replacement employee has been inducted at his/her position.

Employee may submit a carefully worded representation in writing under acknowledgment to the good offices of appointing authority, MD, Chairman and also request to allow him/her to examine his personnel file maintained by company. Companies claim that a communication/letter/notice was issued to employee in office/thru reporting authority and insert back dated record in personnel file.

Dear Mr Murty/Mr Kumar Doab, it is great in providing useful information. But it seems the boy does not have any evidence that he had worked for so.. so days in a particular month. Only earlier salaries had been credited to his bank account. Management took careful steps to vanish his attendance record.  plz enlighten me how to proceed

regards

Panth

The employee was employed as Trainee or probationer or permanent? What is the notice period mentioned in appointment letter issued by company?

The employee should not have just waited for the reply and should have continued to attend office. Employee may request the good offices of appointing authority, MD etc to allow examining his personnel file and demanding payment of wages. Company might have declared him absconding in its record and terminated. Company might have inserted back dated docs in his file. Let the company reply whatever it wants. 

You may issue a legal notice and most probably company shall reply.

Companies enter salaries in expenses and have to maintain records and have to submit records in requisite forms. Attendance records can not be erased just like that.

The authorities under various enactments have power to call for, examine, and seize records. The employee has been paid salary as mentioned by you for previous months and hence he in salary rolls.

Delhi SE Act

19.TIME AND CONDITIONS OF PAYMENT OF WAGES.

30.    NOTICE OF DISMISSAL.

33.    RECORDS.

34.  EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

35.  INSPECTION OF REGISTERS AND CALLING FOR INFORMATION.

40.  PENALTIES.

41.  WILFULLY MAKING FALSE ENTRIES.

42.  PENALTY FOR OBSTRUCTING INSPECTOR.

Shops and Establishments Act, 1954 does not exclude the

application of the Industrial Disputes Act, 1947

(d) Can an Inspector require an employer to produce the  record in his office for

inspection?

Delhi Govt. on :

THE PAYMENT OF WAGES ACT, 1936

3.

Responsibility for payment of wages.

4.

Fixation of wage-periods.

5.

Time of payment of wages.