It is highly unfortunate that 4 months salary has not been paid, and the owners are playing dirty tactics.
At the same time employees are wasting time with such employer.
If employee is asked to quit and/or employee wants to quit, employee should submit notice of resignation by letter thru redg. post, and obtain POD from PO.
The sub postmaster provides one POD free of cost and you can obtain certified copy of run sheet of postman by paying Rs.10/.
Employee can submit scanned copy of resignation by email as well, along with copy of receipt of redg. post.
If employee is asked to quit employee cam mention in notice of resignation that he has been asked to submit resignation by Mr/Ms………name of company………..designation………dept………..address………….on dated when he demanded that his salary and dues for the months be paid to him.
If employee resigns with immediate effect such unscrupulous employers shall adjust notice pay in FNF statement/settlement, reduce FNF dues and employee shall end up suffering another loss.
Instead of sending emails and making phone calls after resigning with immediate effect employee should submit reminders under proper acknowledgment while in employment and thus declare employer unworthy of being employed with.
Employees should also mention that they are not bale to feed themselves, their families, and have to borrow to attend to office expenses.
Unpaid wages can be declared debt on employer.
There are threads at LCI initiated by employees/employers showing employees have lodged police complaints under Sec 406, 420 and pulled employers to police stations, and that employees united and published reports in media.
All employees may unite and be witness to each other and lodge complaints with Labor Inspector in o/o Labor Commissioner, Wages Inspector under Payment of Wages Act ( all employees whose wages are up to Rs.18000/pm as per definition of wages in the Act are eligible), Inspector under Shops and Commercial Establishments Act……….
All employees may state that when they demanded payment of their wages they were forced to resign. Forced resignation can be termed Deemed Termination.
All employees may collect the detail of personal assets of owners and company assets and report to authorities.
Their contact details must be available at Dept. of Labor website of Delhi.
All employees must approach their respective community leaders, area councilors, trade union leaders, arrange a crowd and pressurize the police officials to lodge complaint.
-----Payment of Wages Act;
Does this company supply pay slip? Employer should and get it signed by employee and maintain record for 3 years.
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer
shall maintain such registers and records giving such particulars of
persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
5. Time of payment of wages.-
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
------Shops and Commercial Establishments Act Delhi:
19. Time and conditions for payment of wages.
21. Claims relating to wages.
30. NOTICE OF DISMISSAL.:
If employee has worked for less than three months there is notice………….Max. notice period as per this enactment is 1 month only.
COMMENTS
(a) Applicability of section 30…………….
(b) Notice or wages in lieu thereof under section 30—When to be given?
“the notice under sub- section (2) is or the benefit of the employer.’
37. Powers and duties of the Inspector.
(b) Duties of the Inspector:………….
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld
41. WILFULLY MAKING FALSE ENTRIES.
Companies post salary in expenses. Inspector can check, collect record from company offices, and call for records in his office…………..and if company has posted false entries, ir can be penalized……..
-------------Model Standing Orders:
11. Payment of wages.—
13.Termination of employment; There is no notice period is applicable to probationer………
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
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Liability of 17[employer
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Exhibition of standing orders
All employees should join hands and approach a competent and experienced labor consultant/service lawyer jointly and proceed under expert advice of your lawyer.
Valuable advice of learned experts/members is sought.
