@ Srinivasagam ,
>>> Are you a member of any employee’s union, hotel employee’s unions,, trade unions?
Is there any ‘Works Committee’ in your company?
>>> You have posted that:
----“A week ago my employment has been terminated without any prior notice.”
The termination order was verbal or in writing?
Did you and your colleagues record the meeting (audio/Visual)?
Did you and your colleagues submit minutes of meeting by say email?
----“During my employment, I was agreed to pay sum amount of incentives based on the revenue achievement which was successfully achieved and incentives were not paid since i joined not only to me for all the employees including current and those who were gone out.”
Was this incentive and conditions communicated in writing?
Do you have performance record in writing?
Did you and your colleagues cover non payment of incentives in minutes in writing by say email?
----“Except my offer letter from my Human Resources i have not received any document related to my employment, A day ago i have requested for payslip which was requested in my present interviews, My HRM did not give any response to my emails and telephone calls for the request pay slip.”
Payslip has to be supplied at least a day before the disbursement of wages and should be signed by employer and employee and employer has to retain the record for at least 3Y.
Payment of Wages Act; Sec:13A
Minimum Wage (Central) Rules, 1950, Rule 26(3)(4)
And provisions for record/registers/forms/formats for record of wages paid as in……………. (Name of your state) Shops and Commercial Establishments Act, and (Name of your state) Shops and Commercial Establishments Rules…………………………
----“While i went to meet HRM directly i was stopped at the security personnel and he said that you are not allowed inside to meet HRM , which was instructed by HRM.”
Did you record it (audio/Visual) and followed by minutes even if by email?
----“ At this situation after numerous request made to HRM i was totally humiliated by the way i have been treated and looking forward to file a case against HRM/HRD. “
Your lawyer may opine to include their names in list of noticees.
----“As far as my knowledge i beleive management will respond to my queries and request but my requests are not being forwarded to the notice of management. “
You may write to appointing authority, MD, Chairman if they received your communications and mention that these are attached, and ask them to inform you the action taken by them………….
----“Please advise me how to proceed further legally as it is not only happens to me , few of my colleaguesare having the similar situation to face.”
All of you may join hands and stand as a witness to each other.
----“I am looking for legal consultant to proceed legally in Chennai,”
Your near and dear ones, colleagues, can guide you.
If you wish to avail the services of LCI lawyer you can conduct search at;
https://www.lawyersclubindia.com/lawyers_search/#.U4dTE0eBmXU
You shall have to settle your T&C with your lawyer on your own.
Generically speaking in case of non payment of wages/Dues employee can approach:
>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
All employees can lodge a common complaint for recovery and Inspector may issue FormN.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under –Shops and Commercial Establishments Act, Small Enterprise Act………….whatever it is.
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge separate complaints mentioning the enactments separately.
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
You should contact a labor consultant/service lawyer and may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
If the employer has not been paying wages it must have defaulted on PF,ESIC, TDS too......................and in such a case the regulators can be approached.
PF; thru RPFC in nearest PF office
ESIC; Thru nearest/jurisdictional ESIC office.
TDS; ITO-TDS where employee files ITR and CIT-TDS where employer files ITR. Employer can be penalized for non issuance of Form16.
