Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

r.karthick (Business development - coordinator )     10 August 2012

Salary not getting properly and not getting salary hike

Hi,

Am working in IT company in bangalore i have salary problem in my comapay they didnt give salary in time they i will provide salary after 45 to 55 day and still i didnt get salary hike already i completed 1.8 years pls help me is there any possiable to file a complient 



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 August 2012

You can give complaint to the concern labour authority in your company existing place that is jurisdiction of the labour court. You can submit your grievance with all detailed documents i.e. appointment letter and its terms and conditions mentining clearly.

r.karthick (Business development - coordinator )     10 August 2012

Hi sir,

Thank you for ur reply 

I have offer letter and slary slip but in offer letter they didnt mention abt hike  what to do sir  ...

Kumar Doab (FIN)     10 August 2012

SE Act Karnataka is applicable to your industry and is to help timely payment of wages. You may go thru it. The inspector under the act/ALC is the authority to be approached.

2. Definitions: {w} Wages:

Chapter 5: 21; Application of Payment of Wages Act

Has your company been issuing back dated salary slip?

The Officers / Inspectors in Bangalore can be accessed at dept of labor website:

https://labour.kar.nic.in/labour/default.asp

 


Attached File : 638221610 karnataka shops and commercial establishment act.pdf downloaded: 99 times

r.karthick (Business development - coordinator )     10 August 2012

thank you for your valuable information .....

Naveen Kumar (service)     10 August 2012

Hi Karthick, but remember one thing, first find out new job and get ready for all the consequences.  When you want to join new office they will not issue releving letter, experience letter, hold your salary etc., etc.,etc., so b ready

Manindra Singh (Chief Manager IR)     10 August 2012

If you fall under the definition of " workman", you can file case for delayed payment under The Payment of Wages Act.

However, please understand no employer will like to delay the payments to the employees. There must be certain pressing situation / circumstances or difficult times for the company. Please try under understand that. I will further state that during difficult time of the company each and every member of the company must extend all their support to the management to overcome the situation.

 

Thanks,

Manindra Singh

M.S.R.Murty ( Manager (Admn))     11 August 2012

Dear sir,

Dispite, delay whether your salaries disbursed or not.  If they have disbursed with time gap may be it is financial problem of the company.  If they have stoped or avoided payment then only you can approch Labour Department.  If you are so particular on time salary, it is better to search another job.   When the Company is not in a position give salaries in time, how you will expect  hike?

 

Thanks,

MSR.Murty 

Naveen Kumar (service)     11 August 2012

You are  right Mr.Murthy

r.karthick (Business development - coordinator )     11 August 2012

y am asking salary hike means last year aug they give hike for someone at that time i asked for hike they said Mr. Karthick after completing 1yr u ll get salary hike but they didnt hike after complete of 1.5 yrs ..... lets come to salary delay problem if 1 r 2 months we can adjust payment delay but last 1.5 year they are didnt give proper salary buy my manager get salary properly in time ...in 1.8 years me and my friends are asking for hike but they didnt give yesterday i asked with HR and manager sir i not need salary hike and I request him can u provide salary hike certificate what do say....

Kumar Doab (FIN)     11 August 2012

You have posted that:

"last 1.5 year they are didnt give proper salary buy my manager get salary properly in time"

Employee should work honestly, generate revenues and profit, and delver the deliverables to employer and justify every penny of salary paid by employer.

Is the employer not paying full salary to you? Is the employer not mentioning deduction if any in salary slip? Is the employer obtaining signature on receipt for full salary but paying less salary? Has your company been issuing back dated salary slip? If answer is yes it is perturbing and you should approach the authority or a lawyer or a trade union.

If the company is paying full salary to manager and in time then company is not short of funds or is not facing any crisis but the manager is paid to keep subordinate staff under thumb and deny the rights to his team.

It is felt that if you resign and even if you serve the notice period company shall not settle the FNF dues easily. Let us assume if at the time of separation 3 months dues are pending with employer out of a year, it implies that you have worked for a year for wage payment for 9 months.

Apparently you are with an unscrupulous employer. Such unscrupulous employers feel that employee should treat the unpaid amounts as a parting gift.

The Inspector/ALC are expected to take suo motto notice of the violation of law which means even if you or any one report the violation by phone/email/letter, harassment, suppression, denial of rights they are expected to act at once. However it shall be appropriate to lodge a proper complaint.

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.

The service certificate {reliving letter as termed by many companies} payment of wages should be handed over to the employee on last day in office or within 2 days. The service certificate does not have any column for adverse comments. Employers may comment due to pressing situation pertaining to promotional and reward Budgets Company is constrained to grant limited growth/hike in remuneration but it should not be the situation that managers are granted good hike in salary and staff is not.

Companies allot fancy designations and strive to convince the employee he/she is not a workman as many enactments favor the employee and limit the options to employer. However designation alone does not decide employee is a workman or not.

Labor authorities, CVC, CBI, Police, courts etc…. are for people. One should update the knowledge and learn how to get the job done.

The state govt. of Karnataka has granted exemption from Industrial Employment Standing Orders Act and extended the exemption till recently. However due to ongoing protests it is contemplating to end the exemption. All employees should form a community of like minded individuals and approach their vote bank leaders/elders to agitate and press the govt. to end this exemption. Majority of the IT companies adopted a feudal mind set and harassed employees. In today’s time the education doesn’t come cheap and is highly expensive and the parents have to spend huge amounts to get their sons and daughters educated. If employee can get even wages and their livelihood then where should the citizens go?  A very big number of citizens are employed with IT/Software industry and it is a huge vote bank. If you unite you can make the things happen for you. Employees in the pharma sector stood for their rights and Sales Promotion Employees Act enacted for them. If they can make it happen why can’t IT sector employees?

 


Attached File : 638468426 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 56 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register