No salary for the past one and half years

Originally posted by : Haija Nachiya
	I am working in a company on contract basis, It is a government project and the company had agreement with ELCOT and paid salary regularly but in the past one half years they not credit our salary asking them for reason, they tell Government not settled the amount for the period, What to do with this matter.

How are you managing your day to day expenses? On what gaurantee are you working that they will pay money?

Dear, all of you have given a very long rope to an unscruplous employer and are waisting your time,youth, career, money.

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?

What is monthly salary?

technically a one-off or occasional failure to pay your salary is a breach of contract, it is not normally serious enough to entitle you to resign and claim constructive dismissal. There is, though, an express or implied term in every contract of employment that your employer will pay your salary, and a persistent failure to comply with this obligation would indeed entitle you to resign and claim constructive dismissal and a breach of contract. You can give complaint to the labour commissioner. He takes action on employer.

Approach:

Employee's/Trade Unions and they can help and support you

A very able senior Local counsel of unshakable repute and integrity specializing in Labor/service matters. Employee's/Trade Unions are also aware of such counsels.

You can also inquire at Labor court/CGIT,Civil Courts,CAT,HC, 

Your counsels may opine to approach:

Inspector appointed under:

Tamildnadu Shops and Estsblishments Act, Payment of Wages Act 

O/o Labor commissioner ( State/Central) as applicable in your case

Civil Courts