Not getting salary for the last 2 months

You approach labour commissioner office at where the company registered office is located and file an application with your grievances. The commissioner office will send a summon notice to the company management for explanation. After enquiry you will get the due salaries. Do not worry.  Act immmediately. There is a online facilty also. Please see www.pgportal.gov.in.

Thanks Ramachary sir for the reply.... wanted one more clarity.... My actual company is located in Hyderabad and I am working in Delhi. So do I have to go to Hyderabad to file the complaint or can I lodge the complain in Delhi also.

What is this establishment: Commercial or Industrial?

How many employees are employed in this company?

Are you under probation period?

What is your designation and nature of duties? 

Are you submitting your reports etc. on time and under proper acknowledgment/

Has the company issued any appointment letter, ID card etc.....?

Have you recorded the phone calls making such statements?

The employee can lodge a complaint the minute payment of wages are delayed even for a day.

The wages have to be paid on the fixed day.

Since you are located at Delhi you can lodge a complaint at Delhi.

Prior to lodging a formal complaint you may submit a representation addressed to appointing authority, MD and narrate all representations made so far ( by phone: mention phone numbers, names,  by email, fax, letter etc) and brief minutes of discussion and decline to accept any reason for delay and demand that your wages be paid at once by bank DD only to be supplied thru redg. post only alternatively you can request to transfer in bank a/c ( if company has not opened a salary a/c) and submit Bank a/c, RTGS/IFSC code etc..............................so as reach you in next say 3 days...................

You may demand salary slip at once ( it should be ideally supplied prior to the payment of wages ) PF number, ESIC number and card................................also.

If company has defaulted on payment of wages it must have defaulted on PF, ESIC also..................

In case of dispute employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act; 

- Inspector under Payment of Wages Act

-o/o Labor commissioner

- RPFC for PF

-ESIC Inspector

-Civil Court.

Do not waste your time for such unscrupulous employers and firm up your next venture as ap.

If company resorts to termination it shall be at fault, if it demands resignation narrate that on dated Mr/Ms..........................during phone call from phone number............................at phone number...........................demanded resignation and record such calls.....................................

Do not submit resignation with immediate effect, submit notice of resignation.

@Kumar Doab

Thank u so much for the detailed solution.

Will write back if I need any further clearance. 

Also They have issued me an Offer Letter, I have mail correspondence with them , Have some sms es from them saying delay in salary.

Hope to get it sorted asap.

Don't Worry,

Having seen your problem, it is cleared that there is no such transaction which could prove Employee-Employer Relation. And as you have already been explained that its not criminal matter, you can write to Police department reagarding your readiness to pay a month due.

On the contrary, it is also tough for you to prove that you had paid him for the previous all months......... take an advice from lawyer to avoid such hassels

@ Mr. Patel,

It seems that by oversight  your response to some other thread has been posted in this thread.

you can get the information of payment by client (Govt organistion) through RTI.

You can give labour complaint agaisnt both immediate andprincipal employer.

As suggested by Mr. Sudhir Kumar you may certainly find out if in fact the Govt. Organization has paid or not paid the private establishment that has employed you and posted at Govt. Organization.

Obtain whole attendance record and work reports submitted y you.

You may also record the calls/transactions during which such a silly reason is being given, and minute these too.

You have posted that:

“But nothing of such sort was written in the offer letter the my salary will depends on the clients payment. ‘

Payment of Wages is statue and day of payment of wages is fixed.

The employer can not insert such clauses and even if inserted such clause may not stand test of law.

Thank u all for the support. Presently they are saying that they will give the salary by 8-15th of this month. If atall there is a delay inn the same I will do as discussed in the forum.

I will definitely  come back to you with the update.

Regards

Bapsu

agreed with the experts.