Non Payment of earned wages (including for OT) renders an employer unworthy of being employed with.

OT and payment of wages has to be recorded by employer in various registers prescribed under enactments applicable to establishment e.g. (name of the state) Shops and Commercial Establishments Rules..........and salary slip has to be supplied at least a day before the disbursement of payment of wages on the fixed pay day.............and it has to be signed b

You may refer to Payment of Wages Act;Sec13A, Min. Wages Central Rules:26(3,4), (name of the state) Shops and Commercial Establishments Act.............

In case of Non payment of wages Notice period has lost its sanctity.......................

Unpaid wages are debt on employer................. and that complaint u/s 406,420 can be filed  and ‘Winding Up’ petition can be filed ……………….recovery suit can be filed……..and that you can file complaint with Labor Commissioner (central /state as in your case)…………

You can file complaint with Inspectors appointed under the enactments mentioned above and it is the duty of the Inspector to ensure that FnF dues and amounts are paid in time.......

The compensatory off  has also be given in case where it is applicable......

If wages were not paid then employer has defaulted on PF,ESIC,TDS etc too....

Complaint can be filed with for:

PF: RPFC/Addl.CPFC/CPFC/Vigilance Cell

Bonus: O/o Labor Commissioner for employees at all levels

TDS: ITO-TDS where employee files ITR,CIT-TDS where employer files ITR

thanks for sharing your views but wheather immidiately resigning from the job

due to compulsive work on weekdays , amounts to breach of terms of Appointment or not? and in that situation can employer sues for breach of condition of notice period?

The notice period,OT etc. are part of service conditions and are governed by enactments applicable to the establishment e.g. (name of the state) Shops and Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by this Act , standing orders (Certified/Model)………………..

>>> OT:

e.g. as in

Delhi Shops and Establishments Act, 1954

The language suggests that the intimation to Chief Inspector has to be given……………….the employee may be allowed or required to work……………the OT shall not exceed 54hrs/week and 150hrs/year……

You may find the breach in the enactment applicable to the establishment.

>>> Notice Period:

e.g. as in

Delhi Shops and Establishments Act, 1954

30. Notice of Dismissal.- (1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.

(2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

The notice period for service < 3 months =NIL…………..

If standing Orders are applicable and employee is under Probation Period notice period shall be NIL.

The notice period has been discussed in detail in following thread too:

https://www.lawyersclubindia.com/experts/Notice-period-523671.asp

>>> You may also go thru:

37. Powers and duties of the Inspector

thank you very much for your valuable inputs.