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siddharth sharma (Business Analyst)     09 May 2013

Employer not paying salary on time

Hello There,

Here i need a sggestion over the issue i and my entire collegues were facing from last 2 years. There is a delay in our salry of variable upto 3 months. and they have no answer for the same. we all are very frustrated and mentally depressed with the situation. we want to clear up our dues. Please suggest what should we could do..

Thanks in advance.

Thanks



 1 Replies

Kumar Doab (FIN)     12 May 2013

 

 

Apparently you are referring to delay in payment of variable pay.

 

What are the terms and conditions, parameters attached to payments of amounts under the head “variable Pay”.

If the employee qualified for the amounts these should be paid in time.

 

Payment of Wages Act: (Applicable to all employees drawing wages up to Rs.18000/pm as per definition of wages in the Act):

2. Definitions: 3*[(vi) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes—

 

(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name)

 

(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

 

 

3. Responsibility for payment of wages.

 

4. Fixation of wage-periods.-

 

5. Time of payment of wages.-

 

15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.-

 

16. Single application in respect of claims from unpaid group.

 Employee may also be able to stake a claim for Unpaid/delayed wages under Shops and Establishments Act of the State………………..and can lodge a complaint with o/o Labor commissioner.

 

 

 

 

 


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