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XXX (Manager)     15 January 2014

Salary

I am working for a start up firm. First thing is that there is no fix date for salary. we use to get salary somewhere between 15-20th of the month and the most important thing is that sometimes,infact most of the times, employer hold our salary and we need to bag  for the salary??? what is the solution? 



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 1 Replies

Kumar Doab (FIN)     16 January 2014

You have posted that:

-----“ First thing is that there is no fix date for salary........................................... we use to get salary somewhere between 15-20th of the month “

The day for the payment of earned wages is fixed.

-----“ and the most important thing is that sometimes,infact most of the times, employer hold our salary and we need to bag  for the salary’

The unpaid wages is debt on employer.

Therefore rather the employer should beg with folded hands and lowered head for allowing a few days.......................

 

The conduct of employer is bad, illegal.



Submit a representation addressed to good offices of Appointing authority, MD preferably by redg. post narrating all previous representation mentioning dates, names etc........................demand to pay the wages on due date and also to supply the pay/wage slip of all months of employment.


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

The penalty might be Rs.7500/instance..................


Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................

If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... . 

- Inspector under Payment of Wages Act ( applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm )

-Inspector under ( Name of your state) Shops and Commercial Establishments Act: if it is a commercial establishment.

-o/o Labor commissioner

- RPFC for PF

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.


-ESIC Inspector

-Civil Court.

-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

>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI


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