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ashish (engineer)     21 September 2013

Company not paying salary

Hi all.

i m working as an engineer in a telecom company as permanent employee. company is located in delhi. company is a one of the telecom giant and around 3000 employee are there.also this is registered and iso certified company.now issue is my company is not paying salaries to any employee since last 8 months. company is going through an inchoate stage. might be company is going to shutdown or bankrupt.

is there any procedure to file a case against company or chairperson.and how to recover my pending salary from company.also is there any chance that company can declare itself bankrupt and not pay my salary.

Kindly suggest ASAP.

thanks



 1 Replies

Kumar Doab (FIN)     21 September 2013

 

In such case all affected employees may join hands and  be witness to each other.

 

 

Employee can approach:

 

 

-----Law/Law Firm; legal notice from your lawyer may drill sense into the heads.

 

-----Trade Union Leaders (Trade unions have been trying to organize telecom employees)

 

-----O/o Labor Commissioner: labor Inspector………..

 

------Inspector Under Delhi Shops and Commercial Establishments Act which is so employee friendly.

 

You may go thru:

 

2.  DEFINITIONS. (7)  “employee”  means

3.  Rights  and  privileges  under  other  law,  etc.,  not  affected.

7.  CLOSING OF ESTABLISHMENT TO BE COMMUNICATED TO THE CHIEF

INSPECTOR.

19.  TIME AND CONDITIONS OF PAYMENT OF WAGES.

21.  CLAIMS RELATING TO WAGES.

33.  Records. 

(a) Particulars and forms of the records required to be maintained under section 33

The register of employment and  wages is required to be kept in Form ‘G’ duly bound and

pages serially numbered.

 

35.  Inspection  of  Registers  and  calling  for  information.—

37.  POWERS AND DUTIES OF 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;

40.  PENALTIES.

41.  WILFULLY MAKING FALSE ENTRIES.

 

 

 

------Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)

 

 

You may go thru: 2. Definitions………3*[(vi) "wages" means……

3. Responsibility for payment of wages

4. Fixation of wage-periods.

5. Time of payment of wages.-

 

 

The failure and default can lead to penalties which might be Rs7500 per instance.

 

However you may check with Inspector under Payment of Wages Act which might be Labor Inspector at your location.

 

The o/o Labor Commissioner can guide you on it.

 

 

 

-------Civil Court

 

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

 

 

 

Has this employer been providing salary slips, PF number, PF a/c slips, Form 16…………………etc?

 

 


Attached File : 573460092 delhi shops & establishments act, 1954.pdf, 573460092 payment of wages act 1936.pdf downloaded: 266 times

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