Non payment of salary.
Kishan
(Querist) 09 January 2014
This query is : Resolved
Dear Sir/Madam,
I was working with a Private Limited Company as Executive Finance. The due date for salary payment was 7th of every month but company not follow the same and used to making payments after 15th to 31st. Company is not paying salary from three month. I am the only earning person in my family. Due to financial crisis I have resigned from the job, I have given notice period to company and followed all the processes. But still company is not paying my salary. I want to get my salary. Please advise me what I can do for the same. What legal action can be taken against company. Kindly reply, I am in need.
Advocate. Arunagiri
(Expert) 09 January 2014
Give a written complaint to the Labour Inspector of your area. He will send summons to your company and you will get your salary.
Kumar Doab
(Expert) 09 January 2014
Don’t follow up verbally alone.
Submit a representation in writing under acknowledgment narrating all previous representation mentioning dates, names etc.............
The employee can lodge a complaint the minute payment of his wages are delayed even by a day.
The penalty might be Rs.7500/instance..................
This employer is unworthy of being employed with. Firm up your next venture as ap.
In such a situation the notice period etc has lost its sanctity.
Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... .
- 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 )
-Inspector under ( Name of your state) Shops and Commercial Establishments Act
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Rajendra K Goyal
(Expert) 10 January 2014
Well advised by the expert Kumar Doab ji, agree to it.
Kishan
(Querist) 10 January 2014
Respected Members,
Thank you so much to both of you for your valuable reply. Now I can work on this. You both have given me a hope. I very very thank full to you.
Kishan
(Querist) 15 April 2014
Thank you so much...
