LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashu (Sr Manager)     11 March 2013

Salary not paid

I am an employee working with 100% subsidiary of a Public Limited company. I have not been paid from the past 2 months. I only get a standard reply from the company that we will pay you when we have funds. I am in a middle of financial crisis so started looking for legal options. I went back to my employer stating the as per the Payment of Wages Act, I should be paid by the 7th or max. by 10th of the following month. But I was told that I do not fall under the gambit of Wage since my salary is more than what is defined under Minimum wages act.

Does that mean I do not have any rights defined for salary under Indian Law. I am sure employees like me who do not fall in the category of wage is covered under some law...

Awaiting reply as this is extremely urgent

Thanks



 1 Replies

Kumar Doab (FIN)     11 March 2013

It is not mandatory that employee has to fall within the ambit of Payment of Wages Act to be eligible to get wages on time.

Avoid quoting acts, laws, court judgments to officials. For majority of them it is red flag. They may also not be getting their pay.

 Thee employer is duty bound to pay on usual pay day.

The pay day, payment of wages, is well defined in Standing Orders, appointment letter, SE Act applicable to the state, Factory Act, Payment of Wages Act……..

For your information the cap on Wages under Payment of Wages Act has been increased from Rs.10000/pm to Rs.18000/pm. Look into definition of wages under the act also.

Designation alone does not decide employee is a workman or not.

Check if your establishment falls under SE Act of the state. The registration certificate has to be displayed near entrance, on notice board.

Submit gentle representation to o/o appointing authority, MD, Payroll dept, Head-HR…..in writing and look into their response. In a public limited company they may not mind to state the facts in writing.

The Inspectors under Wages Act, SE Act, O/o Labor Commissioner are expected to take suo mottu notice of such situations. So even if some phone call is made they are expected to run a check and file their report. The inspections by these officials may prompt the management to act and manage to pay wages.


Attached File : 716216832 7.pwa-amendment in wage ceiling under payment of wages act.pdf, 716216832 payment of wages act 1936.pdf downloaded: 209 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register