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Prasenjit De (Unemployed)     09 March 2015

Salary on-hold

I am working for a company since last 3 months. But suddenly, I find my salary for the month of March is being held without any reasons given in the written.

Should I continue to work? Or should I resign and move to some other company?

Kindly guide.



Learning

 5 Replies

Kumar Doab (FIN)     09 March 2015

 

First of all you should submit a written representation addressed to good offices (under proper acknowledgment) of appointing authority,MD mentioning that the salary has not been paid to you on usual pay day and till date neither the salary has been paid nor the salary slip has been supplied  despite in person/by phone/by email representations to Mr/Ms...............designation...........dept...............address...................and that since your wages have not been paid you are facing acute financial hardships and unable to meet your expenses including to attend office and you will be available at your address in record of company..............................and should be considered as present in office and your attendance be marked and you should not be treated as absent...................and salary slip/salary be supplied to you by bank DD thru Redg. Post only so as to reach you in next say.....................3 days......alongwith reason for non payment of your earned wages in writing on letterhead of the company under proper seal and signature of competent employee and you should be informed of the penalty awarded  to concerned personnel for this transgression.....

 

If good offices also do not provide any relief you have the option to declare that in such circumstances the service conditions like notice period etc has lost its sanctity and is no more valid due to breach by employer………………….and may approach:

‘Works Committee’ that is an authority as per ID Act, Grievance Redressal Committee that is made mandatory in each company by many state Govt.e.g. Karnataka

Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc….

O/O Labor Commissioner

Inspector appointed under (name of the state) Shops and Commercial Establishments Act ( if  company is establishment covered by this Act). This Act in almost all states does not discriminate between ‘Workman’ and ‘Non Workman’……………………….and there are many forms/registers that employer has to maintain and submit related to payment of wages under  (name of the state) Shops and Commercial Establishments Rules………………….

Inspector appointed under Payment of Wages Act;Refer to Sec13A also…………..Employer can be penalized if wages are not paid on usual pay day say Rs.7500/instance………….

Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advise of your counsel………………..

Your counsel may opine that you can file complaint us/406,420……………and winding up petition………….as unpaid wages are debt on employer………..

 

Otherwise also Notice period is part of service conditions that are governed by many enactments applicable to establishment/employer/employee e.g.

(name of the state) Shops and Commercial Establishments Act,:::: and as per length of service of 3 months it may be NIL as per the Act..

 

Standing Orders (certified/Model): Model Standing Orders;Sec13; notice period is Nil during Probation Period and 30 days after confirmation of service………………

 

Moreover if salary is not paid the company might have not processed PF,ESIC,TDS etc and complaint with RPFC,ESIC,ITO can also be lodged…

Prasenjit De (Unemployed)     09 March 2015

The company is not paying any PF/ESIC etc. Neither it gives any salary slip.Will surely do as advised.Thank you...!!

Kumar Doab (FIN)     09 March 2015

Don't bother if the company provides salary slip or not!

Remember to demand to supply it in writing under proper acknowledgment......................

As already pointed out salary slip has to be supplied to all employees Payment of Wages Act;Sec13A.............................atleast a day before the due date of payment of wages................also as per Min.Wages central Rules 26(3,4)..................and it should be duly signed by both employer and employee........................and payment of wages has to be recorded as per various forms/registers prescribed under  (name of the state) Shops and Commercial Establishments Rules………………….e.g. FormN under Tamilnadu Shops and Commercial Establishments Rules………………….

 

The Inspector appointed under above mentioned Acts can examine all registers in company's office or call it in his /her office and you can demand to supply these under RTI from Inspector................. 

Prasenjit De (Unemployed)     16 March 2015

I have mailed my company twice, but they haven't replied yet.Got a call from office to come and meet my boss.Even though i have addressed all my mails to my boss, which he is not replying,neither is he releasing my salary.Should I meet him? He may compel me to accept few conditions, which i am doubting.Kindly guide.

Kumar Doab (FIN)     16 March 2015

Have you contacted your Lawyer/Unios Leaders till now in person or not? You should have!

 

Did you record the call? You should.

If you are apprehensive then you can keep Employee's/Trade Unions leaders/lawyer with you.

If you want to show the document bearing T&C to anyone you can bring it without signing it  OR ask to supply it by post. If any T&C is not acceptable you can decline to accept

If your signature are extracted under coercion,intimidation,force,pressure you can keep the copy and withdraw it the moment you are out.

 

Meet your counsel with elders of the family and decide your course of action as deemed fit to you ASAP. 


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