A good company/employer would disburse salary in advance if company would be closed in coming days for vacation.
Apparently your employer is squeezed of funds. It may disburse your salary on getting payments.
You may assess the situation yourself and be with a company where your wages shall get paid. Many of such companies have gone with the wind. If you and other employees resign with immediate effect company would be happy to adjust notice pay and square off your FNF dues.
You may look into the option of scouting for a good company during vacation.
It is felt that you are with an IT/ITES/software company.
Has your company registered and has it displayed the registration certificate near entrance?
These companies are covered by SE Act.
SE Act UP {kindly obtain the latest version from Dept. of Labor website/SE Inspectorate or buy from market and appraise yourself with the options available to you if decide to separate in future.}
Term and Renewal of registration certificate/Duplicate Registration Certificate/
Amendment of registration certificate
1. -In case of closing down of shop or commercial establishment, the owner shall notify such closure in writing to the inspector concerned within 15 days of his closing down the shop or commercial establishment.
Every owner shall display the registration number on a plate with letters and figures at least 5 cms. High and 1 cm. thick written in white or luminous paint of any colour
Wage Period
payment shall be made……… demands payments
Maintenance of registers and records/ Inspector & facilities to be afforded to inspector
ENFORCEMENT AND PENALTIES
Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages in Form ‘G’
In any register or record which an employer is required to be maintain, the entries relating to any day shall be made on that particular day.
Discharge of employee by his employer
No employee shall be discharged from services by his employer except on the ground that-
-He has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than 30 days
{This implies the notice period is max. 30 days. The notice period applicable to employee and employer should be same. If you are in probation period 30 days notice period during probation period may be termed unreasonable and may be 7 days or so. You may go thru your appointment letter.}
All employees may keep a record of all telephone calls made by them with copy of bill for detail of date, time of call, phone numbers from which call was made and at which call was made and minutes of discussion. The point is that there should be enough on written record and evidence that employer is unworthy of being employed with and notice period has lost its sanctity and should be waived off.
Employees should narrate the reason of resignation in notice of resignation and mention the effective of resignation/last day in office and demand from the employer that employer should waive off the notice period, notice pay as employee is constrained to look for source of livelihood somewhere else as his wages are not being paid by employer. Employee should transfer the onus on employer.
Narrating each representation by phone, in person in office, by email… etc all employees may demand payment of wages in writing under acknowledgment.
Has the company issued salary slip?
All employees may join hands and be witness to each other. All employees can approach Inspector under SE Act, Wages Inspector, O/o Labor Commissioner.
All employees should jointly approach a competent and experienced labor consultant/service lawyer with copy of all details and documents and proceed under expert advice. Your expenses can be divided amongst all.
Your lawyer may confirm that you fall within the category of workman or you have to agitate in civil court.
Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting in haste.
