Company not paying salary from last 7 months

Employee should not work for a single day if earned wages are not paid on pay day that is well defined in enactments applicable to the establishment and can approach:

 

Employee’s Unions, IT/ITeS/BPO employees unions

 

Trade Unions

Inspector under (Name of the state) Shops and Commercial Establishments Act: BPO’s are covered by this Act

Inspector under Payment of Wages Act: applicable to all employees drawing wages upto Rs.18000/pm as per def. of ages in this Act

O/o Labor Commissioner: (State/Central) as applicable in  case of employee

Civil Court

And lodge complaint u/s 406, 420…………………..or file for winding up of company

Preferably thru an able Labor Law Consultant/Service Lawyer……………………that he/she may meet with elders of your family.

You can file other complaints even if you have filed a complaint in labor Court.

@Kumar Doab Sir,

Thanks for your valuable suggestion..... can you please tell me what other complaints we can file against the company.

We already file complaint against company in labour court by submitting the written application.

Can we file complaint against company for winding up purpose. ???

Company told me that they have not enough money to pay my salary.... neither give me in written letter head that they paid salary in few months. Company is not willing to co-operate with my terms. They told me that they can not paid my salary because of no money.

Labour court already send Notice to the company, Hope they paid my salary.

But can you please guide me....what other complaint we can file against company.

Can we also file complaint in CBI against company....because company is froad.....

Please guide me, i greatly thankful to you.

Its is good that you have filed your complaint in the labour court, but it will take time (5-6 years), but i think you should have approach the inspector under payment of wages Act for the grievance that they was not giving wages in due course of time(i.e 10th of every month), your problem could have be solved by now

But now that you have gone to the labour court, you have no remedy  to approach for the same purpose in other forum , regarding winding up company, that is the look out of the company,not yours

Actually i have only file complaint in Labour Office not Labour Court. They send notice to the company for meeting. They do not refer the case in labour court.

Now please tell me sir....can i approach to the inspector under payment of wages act.

Or can i file complaint against company in CBI because company doing fraud with others also.

I need your guidance, waiting for your reply.

The various forums that you can approach have already been posted.

You may approach a local Labor Law Consultant/Service lawyer/law firm with all docs on record and proceed preferably under expert guidance of your lawyer.

Take help of elders in the family, employee's/trade union leaders too.

Dear All,

My self Tanmoy Chakraborty from Kolkata. I have joined an IT-Software Development company as a System Administrator on May, 2013. I have a 2 years service bond in the Rs.20 Stamp paper with the company but the company doesn't notaries that. As per the appointment letter PF, PT and other taxes will be paid by the company. I am very much satisfied with my jobs from the day one. But I have waked up day by day after 4-5 months. There is no particular date for the salary. Not only that they doesn't pay anything against the employees PT. No PF registration done by the company. When I have joined there was 42 employee. But now the employee strength is only 7. I am not getting my salary for the last 3 months. In this scenario can I submit my resignation without any notice period (I have two years service bond in the Rs.20 Stamp Paper but employer not notaries that)???? Can I go with the legal way for the unpaid salary??? What is best solution to overcome this situation......Please suggest me......

Thanking You.

With regards

Tanmoy Chakraborty

@Rahul The winding up petition petition can be filed. There is IT employees union support ed by CITU that you can approach.

@ Tanmoy, You can approach the union and other forum mentioned in this thread. The bond is created in lieu of what?. Some certified training? If no such favour is made then bond may not be enforceable. If salary is not paid on due date then employer is unworthy. Approach the unions and your lawyer.