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SentamilSelvan G (Law Pratice)     01 October 2013

Company salary issue

Dear Sir,

    This is sentamilselvan gopal, there is salary pending Rs.2.8 Lacs in my previous company.  What can i do? Please give me some suggestion

 

Thanks,

SentamilSelvan G

Junior Advocate



Learning

 1 Replies

Kumar Doab (FIN)     01 October 2013

If the employer has been sitting on payment of FNF dues, wages open all fronts.

The time for payment of FNF dues is last day in office, or within next two days or by usual pay day.

Employee can approach:

>> Lawyer/Law firm: The legal notice from lawyer can drill sense into the heads.
>> Trade Unions, employee’s group/union/IC/Guild………………….. 

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Shops and Commercial Establishments Act of the State…………

>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act  up to Rs.18000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages

>> Police; Approach higher officials if no perusal of complaint has happened.

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

>> Form16: Lodge complaint with ITO-TDS where employee files his IT return and jurisdictional CIT-TDS where employer files his return.

>> PF; The company could have chosen to deduct PF on the threshold compulsory limit as set by EPFO.

>> ESIC: The wage ceiling was fixed at Rs.15000/pm as per def. of wages in the Act.
{It has recently been hiked to Rs.25000/pm
https://www.lawyersclubindia.com/forum/files/1001059752_esic-limit.pdf}

 

>> Civil Court


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