Sankar (Engineer-Hardware Support) 26 July 2013

Company not paying salaries and in return threatning

HI friends,

We have a different situation with my employer. I am working for a Private Ltd. head office located in mumbai from March-2012 to till date. For 4 months after i joined in the company, we got salaries on time. After that they started delaying paying salaries. So, Now till date, 6 months salary is due. As a Support & Service Department we have continuos work, and work load increased rapidly these days because Partner stopped providing Field Support. Every time they will credit salaries when we faught wtih them verbally or by stopping the work temporarily. We are s frustrated with such type of scenarios and now we stopped working and demanded for our pending dues, their answer is we have no funds, but the thing is business running smooth for them. from past three days we stopped working and they started thrreatning us by saying be at home if you are not willing to work, and they blocked our official mail id's and some internal passwords today, and there is no reply from IT services when we contact them from our personal mails.So kindly suggest me

what action need to be taken?

Whether they have rights to eliminate a permanent employee without clearing dues and suitable compensation?

Kindly help me out because i dont know what they are going to do when i will go to office on Monday.

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5 Replies

Suri.Sravan Kumar (senior) 27 July 2013

you can approach Labour Dept in Mumbai for redressal of your grievance

Sudhir Kumar, Advocate (Advocate) 27 July 2013

no other way.

lokanadham c (advocate) 27 July 2013

Mr. Sankar you can give police complaint to the commissioner of police of your place of working on the ground of threatening and criminal intimidation they can conduct enquiry apart from that you have right to fight for your salary due before the labour forum. - c .lokanadham, advocate

Sankar (Engineer-Hardware Support) 29 July 2013

Dear Sudheer sir,

May i know what do you meant by no other way? can you tell me whether they can eliminate me if i stops working until they pay the dues? is it legal by blocking mail id's corresponding portals ?

Kumar Doab (FIN) 29 July 2013

Your company’s HO is located in Mumbai.

Bombay Shops and Establishments Act is so employee friendly. You may go thru it.

You are located in which state?

Is this company an IT/ITeS company?

The wages are to be paid by pay day.

You have posted that:

-------“i dont know what they are going to do when i will go to office on Monday.’”

If your access to your work by way of on line password, matrix card, check in at security counter etc is blocked you may at once report to o/o appointing authority, MD, CEO………..and Inspector under Shops and Establishments Act, Labor Inspector……….

and claim you are reporting for work everyday, and any communication be supplied under original seal and signature of the competent employee by redg. post only and may even mention that a postage prepaid envelope with postage stamps worth Rs………………...is attached.

If the need be till you are officially removed/terminated by an office order in writing claim wages for each day.

-------“from past three days we stopped working “

Narrate all representations made so far (mention date, time, phone number, email id, of employees of the company………..) and date of payment of wages as in appointment letter/standing orders and actual date of payment………………pending dues and conclude that you are unable to bear the expenses and are facing acute financial hardships and if the nee

d be the expenses to attend to the office.

Point out that while you demanded payment of wages you were threatened…………………

Record such calls.

All employees may become a member of trade union and stand as a witness to each other, and also approach a lawyer as ap.

Legal notice from lawyer succeeds in drilling sense into heads.

---------“Whether they have rights to eliminate a permanent employee without clearing dues and suitable compensation?”

NO.

Demand that you be allowed to examine your personnel files.

--------“and there is no reply from IT services’

Is this IT service a third party arrangement?

Issue a notice to them by name and demand to supply you the certified copy of orders of your employer vide which they have blocked the access.

--------“is it legal by blocking mail id's corresponding portals ? “

If the need be claim that it is deemed termination, and it is since you have demanded payment of wages.

Many employees and their counsel are able to resolve such matter s by applying exceptional levels of mediation, arbitration, negotiation, reasoning, persuasion, persistence, conciliation skills.

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UfaQUtKAqWM

And employee may claim unpaid wages a debt on employer……..e.g;

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

There are many threads you may find useful:

Valuable advice of learned experts is sought.

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM

https://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM

https://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM

https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM

https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs