Delaying Salary
Naveetha
(Querist) 17 May 2017
This query is : Resolved
Hi, l am working in a gaming company. I joined on 01 December 2016. As per the offer letter salary date is every month 5th. But till this month ( may 2017) they didn't follow the date and every month they are paying salary on 15 th or 17 and some months on 26 or 27. Many times l put complaint regarding this and management was not bothering. They sent an email notification of delay in payment in December. In that mail they mentioned till April there will be a delay in paying salary. But after that also they are not paying on time. l questioned this and HR informed they can't tell a proper date. So On April 21st l put my resignation because of this salary issue. Till this date they didn't give a reply mail for that. And l spoke to the Manager regarding this.l didn't sent the work which they assigned last month because of delaying salary. l have completed that but l informed the management the work but l informed manager that after paying my salary only l will send the work. l mentioned one month notice period in my resignation(21April 2017 to 21May 2017).May 21st lt will be completed. But still they didn't pay my salary. They are telling me to give the work and leave whenever company have the fund that time they will pay my one month salary(April 2017) and salary for the month May they will pay as f&f after 45 days. But l am not ready to leave without getting my April month salary. And I am ready to wait for the last month salary (May 2017) (As per company policy after 45 days of leaving). I informed this to the management but they are not ready to give the money and still asking for the work and telling whenever l am giving the work they are ready to relieve me but without giving salary.
Please suggest me what l can do in this situation.
Kumar Doab
(Expert) 17 May 2017
Did you mention reason 'Delay of Payment of earned wages' in Notice of resignation?
If you are attending office then you may work and complete day's work.
Naveetha
(Querist) 17 May 2017
Yes l mentioned. l have completed and given all the works on time or before time. For delaying salary they are telling company doesn't have fund to pay salary on time. Many people already resigned from the company and still the company didn't pay their pending salaries. I have completed all the work which they assigned for me in the month of April but l didn't send because l am still waiting to get that particular month's (April 2017) salary. They need that work but not ready to pay.
Naveetha
(Querist) 18 May 2017
Share your valuable suggessions please.
Kumar Doab
(Expert) 18 May 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state?
Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Rajendra K Goyal
(Expert) 18 May 2017
You have not sent the completed work as you were waiting salary first.
Completed work if not handed over is no work done.
Please try to settle amicably before proceeding legally.
Dr J C Vashista
(Expert) 18 May 2017
Instead of restoring to legal opportunity settle the matter amicably.
Kumar Doab
(Expert) 18 May 2017
"They need that work but not ready to pay.'
If this is the handle and can be applied along with your skills: persuasion,persistence,reasoning, negotiation and can get you your dues and relieving docs, go ahead and get these.
If amicably the matter gets resolved nothing like it.
krishna mohan
(Expert) 19 May 2017
If your company employs more than 20, you can complain to Labour Welfare Officer of your region in writing. The strategy it looks they want to ensure no payment for 15 days. You can better decide whether to get gainful employment or continue until you get a better choice if you fear about complaining and its impact.
Kumar Doab
(Expert) 19 May 2017
Generically Speaking: The Grievance Redrsssal Committee notified by State might cover your sector also.
You may approach it.
You may also be eligible to approach:
Inspector appointed under; Shops & Estbs Act, Payment of Wages Act
O/o Labor Commissioner (State/Central as applicable in your case)
Grievance Redrsssal Committee
Higher Officials of Dept. of Labor,
Kumar Doab
(Expert) 19 May 2017
There are many employee's/Trade unions and list might be kept at website of Dept. of labor
e.g:In case of Karnataka:
http://labour.kar.nic.in/labour/trade-unions-list.htm
You can approach them.
There are many employees’ unions that are embraced by Trade unions.
You can approach them.
DR.VEDULA GOPINATH
(Expert) 20 May 2017
please provide me a copy of your employment letter to guide you further
dr vedula gopinath
senior lawyer and arbitrator
vgnath@gmail.com 9866013121
Guest
(Expert) 20 May 2017
Agree with experts
Guest
(Expert) 20 May 2017
You could Contact Dr.Vedula Gopinath please
