Regarding payment of outstanding salary
VYANKATESH TADGOPUL
(Querist) 08 February 2014
This query is : Resolved
Dear Sir/ Madam,
i Am working in pvt ltd. co. our co. was not making any payment from the last three months.The HO office was situated at Nagpur & Branch is in Solapur.
After repetitive request to the co. Management there are denying to making the payment.
What i can do we continuously taking follow about the salary by email & other mode of Communication but they are not responding the same.
due to this problem all the staff members are irritated about the salary of outstanding three months.
Please give the Satisfactory guidance to us regarding recovery of our salary.
Thanks & Regards
Vyankatesh Tadgopul
Guest
(Expert) 08 February 2014
Did you get any response in writing about non-payment of outstanding salary?
What is the financial condition of the company?
Rajendra K Goyal
(Expert) 08 February 2014
It seems that the financial condition of the company is not good. Explore the possibility of switching the job with some other employer.
Go on claiming your dues in writing and keep full record of the correspondence.
Rajendra K Goyal
(Expert) 08 February 2014
It seems that the financial condition of the company is not good. Explore the possibility of switching the job with some other employer.
Go on claiming your dues in writing and keep full record of the correspondence.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
Yes I agree with the opinion of Mr. Rajendra Goyal, while securing all the evidences of correspondences, keep writing to the asking for your salary from the company after shifting from the company.
VYANKATESH TADGOPUL
(Querist) 10 February 2014
Dear Sir/ Madam,
Till the date the company was not giving any specific date of payment and response.
Can we go with Human Right Organisation or Can file the suit against the co. if any activity if, we are taken what type of precautions are required to be take.
Kindly give the guidance the same.
Thanks & Regards
Vyankatesh Tadgopul
Kumar Doab
(Expert) 10 February 2014
There is no point in working for an employer that can't pay earned wages on time.
Firm up your next venture as ap.
Earned wages should be paid on usual pay day.
If financial condition of the company is not good it might be waiting for employees to resign and square off the dues by adjusting notice pay. IN case of abrupt resignation it may even go the extent of claim loss.
Submit all communications under proper acknowledgment.
The non Payment of wages is breach of trust by employer that has to pay monthly wages after a month’s long hard work extracted from employee. The employee can lodge a complaint the minute the payment of wages is delayed. The employer may be fined say Rs.7500/instance.
If company has defaulted on payment of wages it must have defaulted on PF, Gratuity, ESIC, Bonus, TDS………….etc
The employees can approach:
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
Trade Unions are in Maharashtra are very active an effective.
It shall be god if you can form a union or at least become member of trade union.
--- Inspector under Bombay Shops and Commercial Establishments Act, (If it is commercial establishment).
This enactment is so employee friendly.
You can obtain contact details from dept. of labor website or from local o/o labor commissioner.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act, for payment of wages, OT, leave record, bonus etc.
If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
All affected employees can file a common application.
--- O/o Labor Commissioner
--- ESIC Inspector;
--- RPFC in nearest PF office
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
---Controlling Authority of Gratuity
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
If the employees are contemplating to resign they should build suitable record in writing and claim that in such a case of breach of trust/contract of employment notice of resignation has lost its sanctity and should be willingly waived off by employer.
You may proceed under the expert advice of your lawyer.
