Salary due for 6 months

first send a detailed letter to pay the amount or you would take legal action and what about other employees if the situation is same with them also then collectively send a one letter 

Mr.Mohammad Arif, 

Please send a grievance to the labour commissioner at your office area. Submit yur grievance through a letter addressed to commissioner. He summons to the head of the company for giving reply. On the basis of reply, commissioner will take action on the management of the company.

The Aliganj could be in UP or Bihar or………….

Assuming that Aliganj is in UP….

-------Did you leave by submitting notice of resignation or resignation with immediate effect?

The employer would be more than happy to adjust notice pay and square off your dues.

Otherwise also the employer ha succeeded in getting his work done without paying a dime for SIX LONG MONTHS!!!!!!!

The question arises who is at fault.

The answer seems to be EMPLOYEE WHO WORKED WITHOUT WAGES FOR SIX LONG MONTHS!!!!!!!

Let us try to look into the logic.

Let us assume that employer states the company does not have resources to pay, is bankrupt, and is to be liquidated then what are the chances and priority for payment of wages of workmen……………………………………………………..

It is way behind and in the last and that too pari passu with Bank Dues

You may go thru: https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UZtk5KKAqWN

So you may apply your all resources and collect the payment even if the employer has to sell his assets.

------ Address Final representations to good offices of Appointing Authority, MD, Chairman, Company Secretary by name and narrate all representation made so far (mention name of company personnel, designation, dept, name of company, address and state phone numbers, date of phone call, email id, in person etc) and conclude that the company personnel have been willfully and intentionally trying to do away the amounts company owes to you and you are seeking intervention of good offices for relief.

Mention that you were not being paid your earned wages at all from the month of ……………..and you were not able to meet the expenses of attending to office, your family, social, personal obligation and were suffering acute financial hardships, and despite your endless representations in offices your wages were not paid………(thus terming the employer unworthy of being employed with)… Claim that in such situation any clause on notice period/pay by employee shall become defunct and  Mr/Ms……………concurred to relieve you by waiving off the notice period and pay and concurred that this shall not be adjusted in FNF statement/settlement.

Although FNF statement/settlement has not been supplied to you till date.

Demand that payment of dues by Bank DD only, and all documents should be supplied to you say within next…………….7 days and postage prepaid (as purchased fro PO) self addressed envelope is attached for sending redg. post to you.

If the good offices also maintain studied silence or do not provide any relief you may have to charge and pull the company personnel by name, and officials in good offices in appropriate forum.

The time for payment of FNF dues is usual pay day.

Company should have supplied acceptance of resignation, service/work experience certificate, relieving letter, acknowledgment of handover of charge, PF number/PF account slips/ attested copies of PF forms, correct FNF statement, Form 16 as per correct FNF statement on last day in office.

In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent.

--------The Uttar Pradesh Shops & Establishment Act;

Clause on : Wage Period, Deduction From Wages, Discharge of Employee by his Employer,

Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages in Form ‘G’, a register of leave in Form H, a register of deductions from wages in Form ‘D’.

{You may lodge a complaint with Inspector under this Act}

-------- -----The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.

You may go thru the standing orders of the company/model standing orders:

13. Termination of employment.-- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.


16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.

{You may lodge a complaint with o/o Labor commissioner}

------THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}

2. Definitions:
3*[(vi) "wages" means…………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

 {You may lodge a complaint with Wages Inspector}

Or you may approach civil court. The limitation period to file may be 3 years in your case.



You may also approach some senior trade union leaders, community leaders also. They know the precise and effective ways to drill sense into the heads of such personnel and employers.

There are threads suggesting that employees filed criminal complaints under Section 406, 420...........

and that unpaid amounts can be claimed as debt on employer.

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

You may approach a competent and experienced labor consultant/service lawyer as ap, show all documents, give in person and proceed under expert advice of your lawyer.

well elaborated

I am working in a X Construction Company ( based near Delhi))as a Project Manager for last five months but they have not pay my ( others also)salary since joining till date expect some salary advance at site (Assam). Project(Assam) has been cancelled by client three months ago, but they keep telling me and other staff they project will be revived once again , then we will pay all your dues. I email, SMS, calll on telephone for payment of my salary and other staff but they tell they will pay by tommorow,a week , month, etc. But no salary credited till date. I have my appointment letter, salary slip of first month(unpaid), attendance register , all email, letter as proof of my pending dues. I told the GM over telephone to pay all my pending dues till date(FNF) and terminate me and he also SMS me better join another company but how I can since i have a lot of debt owe to company. But they neither do terminate me or us nor make any payment, or reason for non payme

Today i issue a Legal notice to the CMD, Director, GM by an experienced lawyer by mentioning all dues and details. Will it work? . If it does not work how to proceed further by legally in court and labour commissioner/court etc. 

My gross salary is Rs. 50,000/- per months.

Please guide properly.

If the employer has appointed employee then wages have to be paid en if customers of the employer are not paying advance or bills.

The SMS sent to you should be saved and may be quoted in legal notice or subsequent communications.

The IT experts/computer expert may opine that SMS can be printed and saved in memory card of the mobile handset too.

Your lawyer may opine that it amounts to deemed termination.

Being a Project Manager you may not be covered as ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Commercial Establishments Act.

However designation alone does not decide employee is a workman or employee or not.

Your lawyer may ask you a set of structured questions and can opine that you would be covered or not.

Your lawyer and your lawyer may advice to approach civil court for recovery of unpaid dues.

There are threads indicating that employees have been contemplating to lodge criminal complaints for breach of trust u/s 406, 420......................................and approach employer as creditors treating unpaid wages as Debt……………………….

You may go thru;

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

You may also ask your lawyer on jurisdiction of courts that cab be last location of employee, location of redg. office/corporate office /HO of the company, jurisdictional courts as stated in appointment letter/contract of employment, and a location where company has an office and choose carefully.

The company ay impress that jurisdictional courts is location (of its controlling office) as inserted in appointment letter accepted and signed by employee.

There are many threads on non payment of wages that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-92508.asp#.UpQeq9IW1MA

 Employees do succeed to get their dues by smart and tactful mediation/ arbitration

   by lawyer....................you may go thru an interesting thread at;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

Discussion > Labour & Service Law > Disputes > Dispute regarding resignation and notice pay

Contest the salary slip that is issued but the salary mentioned in which is not paid.

Thanks Kumar Sir for your valuable advice and suggestion .

In the appointment letter i am Project Incharge( not Project manager sorry) and is in probation for six month upto 31 january,2014. Besides, I don't want to approach civil court anymore since it will cost a lot for filing case and more time..Next i am planning to lodge complaint to Labour Commissioner this time if the legal notice does not work.

I have only first month Salary slip(unpaid and unsigned) in excel sheet and not any further.

Please comment.

The employer is under obligation to pay wages on fixed day of wages , deduct statutory deductions and contribute for PF, ESIC, deposit TDS, contribute towards Group Insurance etc.....................

If wages are not disbursed the employer shall not be depositing these mandatory contributions too and it is default.............

An employee can approach the forum for redressal of grievance as per coverage by enactments e.g;

---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).

The company has not paid any wages from DOJ.

The Labor Inspector at your location may also be the Inspector under Payment of Wages Act and Inspector under THE ASSAM SHOPS AND ESTABLISHMENTS ACT

If you are accepted as covered under this Act then you may get the relief.

The employer can be penalized if wages are not paid by fixed day for payment of wages.

Employee can lodge complaint the moment wages are not paid even if wages are delayed by a day.

The employer may be penalized by a penalty of Rs.7500/ per instance.

If wage slip has been issued but wages are not paid and employer has shown the wages in wage card of the employees ( as per name and style of format prescribed under this ACT)  then your lawyer may opine that it amounts to fraud.

The Inspector can check the record and registers in employer’s office and demand that record and registers be deposited in his office.

Even if you can manage let the Inspector seize all record and later you can obtain certified copies or thru RTI.

You may go thru Sec: 2 (3*[(vi) "wages" ....................).3,4,5,7,

8: Fines

13A Maintenance of registers and records.

5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from

their wages, the receipts given by them and such other particulars and in such form as may be prescribed.

(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]

.

15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.

16. Single application in respect of claims from unpaid group.

And other clauses.

----Inspector under SHOPS AND COMMERCIAL ESTABLISHMENTS ACT

One of the jobs of the Inspector is to ensure that wages are paid in time.

Various forms/formats/registers for record of employment, wages paid, OT, leave are to be maintained.

You may check THE ASSAM SHOPS AND ESTABLISHMENTS RULES and approach Inspector.

However you may need to counter clause 3(1) and that you are not in management. As already posted approach your lawyer for opinion.

Still if there are other employees that are also affected can approach the Inspector.

---Trade Unions; the trade unions are sensitive to such matters.

---RPFC: The employer may be required to contribute up to PF wages of Rs6500/pm

---Jurisdictional ESIC office: Wage ceiling was Rs.15000/pm and was being increased to Rs.25000/pm

---Lawyer/law firm

---Civil Court for recovery

You may go thru;

THE ASSAM SHOPS AND ESTABLISHMENTS ACT

Exemptions

3. (1) Nothing contained in this Act shall apply to: —

(a) Person employed in any establishment in a position of management;

CHAPTER IV
WAGES

Application and amendments of the Payment of Wages Act

17. (1) Notwithstanding anything contained in the Payment of Wages Act, 1936, referred to as the said Act, the State Government may by notification in the official Gazette, direct that, subject to the provision of sub-section (2), the said Act or any of the provisions thereof or of the rules made thereunder shall apply to all or any class of employees in establishments to which this Act applies. (Central Act 4 of 1936)

(2) On the application of the provisions of the said Act to any establishment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.

Notice of dismissal

18. (1) No employer shall dispense with the service of an employee employed continuously for a period of not less than six months, except for a reasonable cause and without giving such employee at least one month’s notice or wages in lieu of such notice, provided however that such notice shall not be necessary where the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.

And other clauses...................

Although the soft copy is attached you may obtain the latest version from Dept.of labor website or buy from market.

You have already approached your lawyer for issuing legal notice and should discuss all points with your lawyer.

Te lawyer that has seen all of your docs and has analysed the inputs can advice you the best.

Once again thank u for ur valuable advice and suggestion I will proceed accordingly...

thanks u sir for ur valuable advice and suggestion. I will proceed accordingly.