Kiran (SCC) 17 June 2013
Sir
I working in a LTD company for last 3 years , for last one year company payed salary delayed after every one month. Now 2 months salary pending,they didnt give any information about salry delay, many time i asked to my superior officers about salary but they didnt give any replay. They pressuring give resignation.
one other issue company investing my contribution only in PF, comapniescontribution paying 1/10 of my amount
Hemang (Advocate) 17 June 2013
File an application under Payment of Wages Act, or a Recovery application under Section 33 (C)(1) of the Industrial Disputes Act. However, the application under Payment of Wages Act would be more effective and quicker.
Sasidharan (Retired Labour Commissioner (Central)) 17 June 2013
While agreeing with Mr. Hemang, I suggest that please ensure that you are covered under the provisions of the above Acts. I mean please check whether you are a 'workman' under the definition of the above enactments.
K. Sasidharan Nair
ADVOCATE Prem Joshi (Advocate/ Legal Consultant) 17 June 2013
Kumar Doab (FIN) 17 June 2013
Learned experts/members have given valuable advice.Kindly follow it.
The limitation period to claim unpaid amounts in your case may be 3Y, if employee is not a workman.
You may Act in time.
What is this company: commercial or industrial establishment?
What is your nature of duties?
Generically employee can approach Labor Inspector/ o/o Labor commissioner, Inspector under Shops and Establishments Act, Inspector under Payment of Wages act………..civil court.
It is as simple as that in such a situation employee should firm up next venture as ap.
Employee should not tender resignation with immediate effect as the company would be happy to square off the dues by adjusting notice pay, and even leveling allegations for causing loss by abrupt termination.
Employee should submit notice of resignation under proper acknowledgment and should consult elders in the family, competent and experienced well wishers, trade unions, lawyer/law firm than acting on his own and avoid acting in haste.
The employee may quote the reason for resignation as non payment of earned wages and thus render the employer as unworthy of being employed with. Employee may mention that in such a situation he/she has to look for alternative of employer for his/her source of livelihood, and in such a situation is created by employer by breach of contract and thus notice period/pay has lost its sanctity and should be willingly waved off by employer.
Employee may mention that during his/her gentle representation for non payment of wages,on dated.......................and dated...................in office Mr/Ms................designation/dept.............name of compnay.................address................demanded resignation and hence the notice of resignation submitted by him/her.
You have posted that:
-----“They pressuring give resignation.”
Extracting resignation by force/coercion/pressure is offence.
Forced resignation can be termed deemed termination.
The onus of providing evidence that resignation was extracted by force may fall upon employee.
Employee should record such transactions (audio/visual) and keep witness evidence.
Even if extracting resignation is offence, line managers/HR has been doing it for decades, as majority of the employees do not agitate or are not able to prove.
In trades in which employees are supported by trade unions, such menace can be checked up to a big extent.
-----“for last one year company payed salary delayed after every one month.”
Employees should unite and agree to stand witness for each other.
“many time i asked to my superior officers about salary but they didnt give any replay. “
The officials are not replying as they are a party.
Employee should submit gentle communications in writing under acknowledgment ,addressed to preferably good offices of appointing authority, MD with a copy to Head-HR and raise concern on non payment on earned wages in time and financial constraints thus being faced.
This shall build favorable record.
-----“Now 2 months salary pending,they didnt give any information”
There is a reason to escalate to good offices.
The companies resort t such tactics to cause separation by resignation and escape the taxing and penultimate clauses of various enactments.
Designation alone does not decide employee is a workman or not.
A competent and experienced lawyer may ask a set of structured questions and may opine that employee is covered as “Workman” as per ID Act and “Employee” as in (Name of State) Shops and Establishments Act.
Payment of Wages Act is applicable to all employees drawing wages up to Rs.18000/pm as per definition of wages in the Act.
The Labor Inspector/o/o Labor Commissioner, Inspector under Shops and Establishments Act, Inspector under Payment of Wages Act are expected to take suo moto notice of such matters and visit the company, check all records and even call for records in their office.
Employee/trade union at times may place even a phone call, email, letter and point out that they are contemplating to call a press conference and approach media, ministry, minister etc and highlight that the Inspectors were informed. This shall move them at a faster pace.
There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;
https://www.lawyersclubindia.
There are many threads on similar queries which you may find relevant and useful.
e.g;
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