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Preethi (Trainer)     20 June 2012

Salary not paid

Hi,


I am working in a Pvt Ltd. Company in Bangalore since 1.6 years. We are not paid our salaries since 6 months!! when we go to directors they give false promises and make us to stay back. But now we only 2 ladies are left in the company, rest left without salaries. They say you can stay if you want, when we have money definitely will pay etc. There is no business also in the office. There is no sign of paying to us :(. I heard that court cases will take long time to get settlement. Can you please guide us what to do? we also heard that labour court will get the compensation immediately especially since we are ladies. Please get the information for us...


Thanks in advance



Learning

 6 Replies

Kumar Doab (FIN)     20 June 2012

In all probabilities you are wasting your time.

All employees should join hands and be witness to each other. You may all approach o/o Labor Commissioner and lodge complaint. Report the assets of the company and its directors.

You may also lodge complaint under SE act applicable to your state, Payment of Wages Act as per explanation of employees under these enactments.

If you wish to resign you may tender a suitable communication explaining that employer has become unworthy of being employed with and notice period does not hold any sanctity and notice period should be waived off. Or the company shall be happy to adjust notice pay and square off your dues.

It shall be appropriate to consult a competent and experienced service lawyer with all records and details and proceed under expert advice. Let your lawyer structure your communications.

 

Hemang (Advocate)     20 June 2012

Admittedly, there is no work-load as said in the contents and communication. It is advisable for choosing another alternative for earning the livelihood. It would be really a waste of time. Amicably settle the things with the employer. There is no magic formula with the labour court to speed up the judicial process for quicker justice. It takes its own course. Litigations in India are protreacted. 

 

However, if your appointment order, or contract of employmentprovides for the arbitration clause, better appoint the arbitrator and get the things settled. 

Preethi (Trainer)     22 June 2012

Thanks for advice.  But can you explain me "You may also lodge complaint under SE act applicable to your state, Payment of Wages Act as per explanation of employees under these enactments." about this?

 

 

Thanks

felicitie bal (none)     23 June 2012

If that's the case, you can demand for your salary. You can aproach the Department of labor and employment or the government itself for the matter.

Kumar Doab (FIN)     23 June 2012

You may look into SE act applicable to your state.

The   Delhi Shops and Establishments Act, 1954

                            Arrangement of Sections

2.      DEFINITIONS.

(7)     “employee”       means     a  person     wholly   or  principally   employed,      whether     directly  or
              otherwise, and whether for wages (payable on permanent, periodical, contract, piece-
              rate    or   commission       basis)   or   other    consideration,     about    the   business     of   an
              establishment and includes an apprentice and any person employed in a factory but
              not   governed   by   the   Factories  Act,   1948   (43   of   1948), and   for   the   purpose   of   any matter regulated by this Act, also includes a person discharged or dismissed whose
       claims have not been settled in accordance with this Act;

 

THE PAYMENT OF WAGES ACT, 1936 ( Employee drawing salary upto Rs.16000/pm)
ACT NO. 4 OF 1936 1*

2. Definitions.- In this     Act, unless there is anything repugnant
 in the subject or context,--

3*[(i) "employed person" includes the legal representative
of a deceased employed person;

 

 

 

5.
Time of payment of wages.
5. Time of payment of wages.- (1) The wages of every person
employed upon or in--
(a) any railway, factory or 1*[industrial or other
establishment] upon or in which less than one thousand
persons are employed, shall be paid before the expiry
of the seventh day,
(b) any other railway, factory or 1*[industrial or other
establishment], shall be paid before the expiry of the
tenth day,
after the last day of the wage-period in respect of which the wages
are payable:


Attached File : 694645287 delhi shops & establishments act, 1954.pdf, 694645287 payment of wages act 1936.pdf downloaded: 206 times

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