>>> Did this company provide you PF number, ESIC Card……………………..?
Did you resign with immediate effect or tender notice of resignation and did the company issue acceptance of resignation?
Were you under Probation or your service was confirmed in writing?
>>> If you are covered as ‘Workman’ as in ID Act, Model Standing Orders apply to the establishment and cover your designation, then the notice period during probation period should be NIL. You may check with Certifying Officer (CO) that may be DLC in o/o Labor Commissioner at Delhi. Employee or any one can obtain certified copy of the standing orders applicable to the establishment from Certifying Officer against a reasonable charge that may be Rs.3/page……………….
If standing orders are applicable but are not certified then Model Standing Orders: Sec 13, should apply and notice period in probation period is NIL.
Hence in such a case company should adjust notice pay.
>>>Salary slip should be issued before disbursement of wages and should be signed by both employer and employee……………( Payment of Wages Act : Sec 13A)
Even the FNF wages should be paid by last day in office, within 3 days or max. by the usual pay day.
The employee can lodge a complaint the moment payment of wages is delayed even if by a day. The penalty might be Rs.7500/instance.
The payment of Wages Act is a statue, has statutory force and should prevail upon any private agreement that employer has signed with employee e.g. appointment letter or a private policy that employee might have crafted
>>> You may refer to :The Delhi Shops and Establishments Act, 1954 and standing orders applicable to the establishment…………………….HR policy, service rules and regulations referred to in appointment letter…………
There are many threads on similar queries that you may find relevant e.g;
https://www.lawyersclubindia.com/forum/Compelled-to-leave-in-notice-period-salary-withheld-98782.asp#.Ux2TH0eBmXU
>>> Generically speaking you might be covered as ‘Employee’ as in The Delhi Shops and Establishments Act, 1954:
19. Time and conditions for payment of wages: (3) The wages of every employee in any shop or establishment shall be paid on a working day before the expiry of the seventh day of the last day of the wage period in respect of which the wages are payable.
You may go thru other clauses e.g;
21. Claims relating to wages
37. Powers and duties of the Inspector:
(b) Duties of the Inspector: (h) that the wages and other dues are being paid to employees in time as required under the Act;
30. Notice of Dismissal:
(2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.
COMMENTS
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
{If standing are not applicable then the terms should be governed by above clause of the Act.
If standing orders are applicable but are not certified then Model Standing Orders: Sec 13, should apply and notice period in probation period is NIL.)
>>> If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..
You have the option to approach:
----Employees Unions,
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under Delhi Shops and Commercial Establishments Act.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. 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.
--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---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;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation letter, acceptance of resignation etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
Your lawyer may opine that limitation period applicable to you is 3years hence you should act as ap.
