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pradip Sen (Software Developer)     25 January 2017

How do i file a complaint against an employer in india?

I am working on a IT company for last 1.5 years.My Salary is 30000 per month.But last 4 months I am not getting my salary. If I ask for salary they made wrong commitment. Could you please help me to what should I take the action against my employer.


Learning

 7 Replies

Kumar Doab (FIN)     25 January 2017

The Redg. Office, HO/Corporate office, your office/reporting office is located in which state?


You are located in which state?

What is your designation and nature of duties?


How many persons were reporting to you?


Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?


How many persons are employed in it?


Are their any tasks pending at your end?


Have you signed any Bond?

What is the date of payment of wages mentioned in appointment letter?

Have you recieved salary slip of all months, Form 16 of lasat year?

What is break up of monthly salary?

 

 


What are the T&C mentioned in appointment letter under : Resignation/Termination/Notice Period/Exit Formalities?

 

pradip Sen (Software Developer)     25 January 2017

Thanks for reply. I made a answer list for you .Please find it below

 

1)The Redg. Office, HO/Corporate office, your office/reporting office is located in which state?
Ans: West Bengal

2)You are located in which state?

Ans: West Bengal

3)What is your designation and nature of duties?

Ans: I am a Software Developer.

4) How many persons were reporting to you?

Ans: in Our team there are 6 person.

5)Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?
Ans: No

6)How many persons are employed in it?

Ans :50(Approx)

7)Are their any tasks pending at your end?

Ans: No 

8)Have you signed any Bond?

Ans: No

9)What is the date of payment of wages mentioned in appointment letter?

Ans:There are no such date in appointment letter

10) Have you recieved salary slip of all months, Form 16 of lasat year?

Ans: Yes

11)What is break up of monthly salary?

Ans:

Basic Salary 12,800.00 

House Rent Allowance 4,320.00 

Conveyance 1,600.00 

City Allowance 12,000.00

  12) What are the T&C mentioned in appointment letter under : Resignation/Termination/Notice Period/Exit Formalities?

Ans:There is 2 months notice periode if I want to resign from my work. They will give 15 days notice if they terminate me.

One more thing I want to notify you  that the issue not only  with me all the other employee are suffering with the issue

Kumar Doab (FIN)     25 January 2017

You might be covered by the def. of "Employee' as in West Bengal Shops & Estbs Act, "Workman" as in ID Act

and might also be covered by Payment of Wages Act. 

You can lodge complaints with Inspector appointed under these Acts.

There are IT/ITeS employees unions and these can help and support you.

All affected employees may also jointly discuss with local counsel specializing in labor/service matters.

 

 

Ritesh Maity (Labour Law Advocate)     26 January 2017

It seems you are under WB Shops & Establishment Act. Under the Act, you can demand the oustanding salary in writing/ legal notice and thereafter you may approach the Referee under the Act making an application in Form N (read sec 14 - recovery of wages). 

Dr. Atul [9013898936] (Lawyer, Scholar)     26 January 2017

Deliver a notice under Section 271(2)(a) of the Companies Act, by Registered Post at the Registered Office of the Company recording therein the Company's failure to pay its debts amounting to Rs.30,000 x 4 and call upon the Company to pay its debt immediately along with interest thereon, failing which the Company shall be liable for all actions as set out in the Companies Act. 

Section 272 provides that a Petition for Winding Up of a Company may be presented if such Company fails to pay its creditors dues above 1 Lakh, 21 days after being called upon do so by a communication delivered at its Registered Office (that would be without prejudice to any other remedy that you may ultimately invoke for recovery; prudence demands that you start looking for another job as well, but in my view that applies after any legal action that you intiate aqainst an employer). 

Kumar Doab (FIN)     26 January 2017

Agreeing with Mr.Atul (public ID).

Unpaid wages/promised amounts are debt on employer.

The recourse of recovery through civil courts and 'Winding UP' petition is also available.

IT/ITeS employees are united and have formed employees unions and are embraced by trade unions.

The efforts thru unions can fetch relief.

Some states (like Karnataka) have notified 'Grievance Redressal Committee' that can be approached by employees.

The higher officials of Dept. of labor can also be approached.

The employer that does not pay earned wages on promised/due/fixed day and date is unworthy of being employed with.

The employee(s) should avoid giving very long rope to such employers.

Firm up your next venture ASAP.


(Guest)

No workable solution by Mr. Dooba!

Even otherwise also, his advice can make a person like sinking in some river, as DOAB IS KNOWN AS A LAND BETWEEN TWO RIVERS, denoting his fake ID.


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