Employee threatening to take action

Guest
(Querist) 29 January 2014
This query is : Resolved
Hi All,
I have a cloth trading business in Chandni Chowk having two employees. My employees constantly blackmailing me to take action against and go to labour court if I don't hike their salaries. They are not even signing the receipts while receiving the salary in cash.
Please advise me can they make any claim against me and how can I protect my interest. Though they don't have any document to show that they are employed with me and I make the payment only in cash.
Please advise.
Devajyoti Barman
(Expert) 29 January 2014
Do not pay salary without written proof. At least pay then through cheque.
Rajeev Kumar
(Expert) 29 January 2014
Without the written proof don't give them salary in cash or atleast pay them by any valid mode.
Rajendra K Goyal
(Expert) 29 January 2014
Do not bow for the illegal demands of employees if they are not ready to sign the receipt of payment. Agree, make all payments by cheque. Contact a lawyer if they approach the labour officer.
Keep all your records complete.

Guest
(Expert) 29 January 2014
Just check if you are paying less than the minimum wages prescribed by the Delhi Government. If paying less than that, must upgrade their wages so that the wages should not fall below the minimum wage from time to time. If they go to the labour officer, you may have to pay even arrears from back date, besides penal action by that office. Payment can be resorted through cheque, if they don't sign receipt of payment.
Kumar Doab
(Expert) 30 January 2014
Learned experts have given valuable advice. Kindly follow it.
The wage slip or pay slip or salary slip as described in Payment of Wages Act (Sec13A), Min Wages Act is supplied before payment of wages for verification acceptance. Both employer/employee should sign it.
Ask them to sign it and keep a copy also with them, and pay them by a/c payee cheque.
Obtain receipt on copy of cheque.
The Notification on Min. Wages is issued and is received in local O/o labor commissioner. Obtain a copy and pay accordingly.
You also need to provide appointment letter and keep all records and registers duly complete in all respects………………………………….You may go thru The Delhi Shops and Establishments Act, 1954: Sec29,33,34,35,41…………………