salary cheating

complain to labour Dept.

The query is not properly drafted so as to convey a clear message.

Probbaly you mean that the establishment that has employed you on salary does not pay full salary.

Employee can resolve the matter by remaining gentle and amiable and by making representations and by applying skills; persuasion, persistence, reasoning, negotiations..with employer.

Relate with salary promised as in offer/appointment letter/CTC sheet  and as calculated in salary slip and ask the payroll/HR executive to explain how the actual amount paid to you is correct?

Work hours=8/day, 48/week beyond which OT applies as per applicable enactments to establishment/employer/employee.

Salary for Monthly rated employees is as promised in offer/appointment letter.

Per day salary = Monthly/28

Per hour =per day/8

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

How salary is paid; cash, cheque, bank transfer?

Did you sign any voucher for salary paid? What is amount mentioned in voucher; correct salalry or actual amount paid to you? Do you have copies?

Did you submit written representation under proper acknowledgment and did company reply in writing?

Do you have attendance record?

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

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months showing work days/salary/Bonus/OT/incentives/reimbursements/leave encashment/advance/deductions of PF-ESIC and other deduction/penalty if any  etc etc , PF number and a/c slips of all years, ESIC card, Form 16,?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

If Employee is not provided relief in genuine cases by concerned official of establishment and good offices ofd appointing authority/MD/CEO etc as per coverage by provisions of applicable enactments then employee can seek support of:

Seasoned Employee’s/Trade unions leaders

Work’s committee/ Greivance redressal Committee (as notified in some states also)

Inspector appointed under Shops & Estbs Act (if establishment/employee are covered by the Act)

Labor Inspector (if employee is covered by def. ofWorkman as in ID Act)

Inspector appointed under Payment of Wages Act (This enactment does not discriminate between Workman, Non-Workman and employee that is covered by def. of wages/wage ceiling may seek relief)

Inspector appointed under Min. Wages Act /Min. Wages Central Rules (if establishment/employee are covered by the Act)

ALC/ALCC (if employee is covered by def. ofWorkman as in ID Act)

Civil Courts (if employee is not covered by enactments)

Higher officials of Dept. of Labor (Some states may have arrangement for informal discussins between establishment/employee even if employee is not covered by enactments)

Min. Wages Act /Min. Wages Central Rules; 26(3, 4), Payment of Wages Act; 13A provide for wage/salary to employee…

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 In the mantime you may go thru Article under my profile;

“Employee is Entitled to Interest if Payment of Salary is Delayed !”

“Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws”

Not understood how they will help

 "elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc"