Salary dues pending

You have posted that:

“on a need basis i used tp get money.”

There is nothing like this in payment of wages.

You have made a blunder by working without payment of wages.

Have you ever demanded payment of your wages in writing under acknowledgment till date?

You may claim payment of wages under SE Act applicable to your state, Payment of Wages Act (if you are eligible under this enactment and your wages are up to Rs.16000/pm as per definition of wages in this act.) Has this employer ever issued any salary slip to you and obtained your signatures on any voucher?

Employer should issue salary slip as per sec 13A of Payment of wages act and employee should sign the slip towards his acceptance of correctness of payments made to him.

SE Act: e.g.; SE Act Delhi:

2. Definitions:

(7)  “employee” means a person wholly or principally employed, whether directly or

otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis)

(The SE Act act does not indiscriminate between workman or executive and the employee may not be necessarily be a workman to claim relief.)

(8)     “employer” means the owner…………….means the manager, agent or representative of such owner in the said business;

19.  TIME AND CONDITIONS OF PAYMENT OF WAGES.

20.  DEDUCTIONS WHICH MAY BE MADE FROM WAGES.

21.  CLAIMS RELATING TO WAGES.

33.RECORDS.

(d) Can an Inspector require an employer to produce the  record in his office for inspection?

33.    INSPECTION OF REGISTERS AND CALLING FOR INFORMATION

41.    WILFULLY MAKING FALSE ENTRIES

42.    DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.

THE PAYMENT OF WAGES ACT, 1936

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.

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

Some employees by way of their proximity to employer/promoters/owners, sensitive info, position, access to influential and reputed personalities achieve some kind of handle on company. If you have a handle on company you may apply it and obtain payment of your dues.

In case of an issue you may approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, give inputs in person and spend quality time to understand the nuisances and proceed under expert advice of your lawyer.

Let your lawyer’s opinion be final on what has been discussed above.

Your lawyer may opine that you fall within the category of workman and ID can be invoked. Designation alone does not decide employee is a workman or not.

Company may yield to legal notice by your lawyer, Demand notice by conciliation officer, Notice by Inspector under SE Act, Notice by Inspector under THE PAYMENT OF WAGES ACT ……..

Or you may approach civil court.

thank you sir for your valuble reply. i am employeed in mumbai and my salary is more than 16000  PM hence i am not covered in the wages act.

i used to claim cash component of salary which was paid monthly and my travel expensis were reimbured on a voucher.

last week i wrote an email to the MD expressing my problem due to pending salary and he asked me to come for discuss the same. during discussion he offered to try and pay regular salary every month hence forth and some part of backlog every month. but this was subjected to business conditions and availability of money.

all this while he gave me assurence of loan now the loan is availed but he says money is finished and no money left to give me.

i realise that he has taken me for a ride giving me false promises without intention to pay. the fact is we were in the same school and recently met on facebook and he offered me a position in his company and i accepted.

--“i am employeed in mumbai and my salary is more than 16000  PM hence i am not covered in the wages act.”

Don’t count everything as salary. Look into the break up as in appointment letter, CTC sheet, pay slip and relate with def. of wages as in THE PAYMENT OF WAGES ACT, 1936.

3*[(vi) "wages" means all:…..

but does not include--………

The enactment is an effective tool.

Moreover Inspector under SE Act Bombay shall be the Wages Inspector (as in Payment of Wages Act) for all employees of the establishments which are covered under SE Act. Read points given below for your convenience carefully.

SE Act Bombay is attached. You may relate the clauses and provisions to your case.

--“he offered me a position in his company and i accepted.”

Has the company issued any appointment letter to you?

--“i used to claim cash component of salary which was paid monthly”

Salary/wages are paid not claimed. Do you have copies of such claims filed by you?

Did the company issue pay slip?

“and my travel expensis were reimbured on a voucher.’

Did you keep copy of these vouchers and travel bills. These may be required while you stake your claim for due wages.

SE Act Bombay:

'"[(б)  "Employee" means a person wholly or principally employed, whether directly or through any agency,

(7)     "Employer" means a person owning or having ultimate control over the affairs of an establishment;

(16) "Manager" means a person declared to be a manager under section 7;

(30)  "Wages" means wages as defined in the Payment of Wages Act,  1936 (IV of 1936);

7.  Registration of establishments.

7.  Registration of establishments.

9.  Closing of establishment to be communicated to Inspector.

38. Application and amendment of the Payment of Wages Act.

(l) Notwithstanding anything contained in the Payment of Wages Act,  1936, (V  оf

1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.

( Implies that the Inspector under SE Act shall be the Wages Inspector )

[З8 А. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act,  1923  (VIII  of  1923),  and the rules  made from time to time thereunder, shall,  mutatis mutandis,  apply to employees  of  an establishment to  which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.

( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)

^[ЗВ-В.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  13.       Termination of employment,  15.      Complaints, 17.  Liability of 17[employer].--, 18.          Exhibition of standing orders.-)

51.    Employer [and manager  to produce registers, records etc.  for inspection.

( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)

Moreover the Inspector is under obligation report every two months as given in Sec.66

55.    False entries by employer and manager.

58.    Determination of employer for the purpose of this  Act.

бб.Notice    of termination of service

You may access Dept. of Labor website/SE Inspectorate and thus obtain latest version of the enactment and contact details of the Inspector.

The enactment is effective and many of the employees have obtained relief including in case of termination.

You may go thru various threads initiated by employees at LCI.

Valuable advice of learned experts/members is sought.

Hi I am working in an animation studio in hyderabad since 2.5 years. my pay is 35k PM. but since last year jan2012 my and all the employees salary is not been paid on time and till date the situation is worse as MD has to pay around 4-5 months salary, which is really frustrating every one and me. The MD is keep on making false promises to pay on certain day/date which is ultimately not fruitful. He is either paying 3k / 5k and so on...which is really not helpfull as every employee and his family is dependent on the salary. Last month he has terminated atleast 15 members without any pay. now that i am worried that he might do the same with the rest of the left employees. He is ignoring our phone calls and skipping office often. He is even not paying our PFs for last one year.  What is the solution for this? How can i go legally to take action against him.How to approach the Labour court and sue him.

Kindly always start a new thread.

You have made a blunder by working without payment of wages.

Employer should issue salary slip as per sec 13A of Payment of wages act and employee should sign the slip towards his acceptance of correctness of payments made to him.

The Wages Inspector and Inspector under SE Act can check the records and can call for the records in his office.

The affected employees can file individual cases or a common application.

The terminated employees are eligible for notice pay.

The termination order may be shown to a lawyer. The lawyer may opine that order is bad and the veiled purpose is to avoid lay off/retrenchment compensation.

SE Act AP:

2. Definitions:

(5) commercial establishment means…..

(5) commercial establishment means………

(9) employer means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes the Manager, agent or other person acting in the general management or control of an establishment;

(23) Wages means every remuneration, whether by way of salary, allowance, or otherwise expressed in terms of money or capable of being so expressed

34. Compulsory enrolment of employees to Insurance cum savings scheme :-

35. Responsibility for payment of wages :-

36. Fixation of wage period :-

37. Wages for overtime work :

38. Time of payment of wages :-

40. Deductions which may be made from wages :-

41. Fines :-

47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :-

48. Appointment of authority to hear and decide appeals arising out of termination of services :-

CHAPTER IX
Appointment Powers and Duties etc., of the authority to hear and decide claims relating to Wages etc., of employees in Establishments

50. Appointment of authority to hear and decide claims relating to wages etc.

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

52. Single application in respect of claims from unpaid group

53. Appeal :-

54. Conditional attachment of property of employer

63. Penalty for obstructing Inspector etc

68. Maintenance of registers and records and display of notices, etc

72. Rights and privileges under other laws etc., not affected

Your lawyer may opine that you fall within the category of workman and ID can be invoked. Designation alone does not decide employee is a workman or not.

Company may yield to legal notice by your lawyer, Demand notice by conciliation officer, Notice by Inspector under SE Act, Notice by Inspector under THE PAYMENT OF WAGES ACT ……..

Or you may approach civil court.

Another employee had initiated a highly informative thread at LCI under SE Act AP at following link:

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.USxv1kpMe8A

You may go thru it.

Valuable advice of learned experts /members is souhgt.

@ Parvaze

You have posted that:

“He is even not paying our PFs for last one year. “

You may check at;

www.epfindia.gov.in

if this company is listed in list of defaulters, and you may approach the APFC,RPFC,CPFC for including you and others as intervener in 7A proceedings initiated against this company.

You may also peruse RTI to obtain information on Name/designation/address of the investigation officials deputed by PF dept., documents collected by it, reports filed by it, status of inquiry, and assets of the proprietors attached to pay PF dues to employees.   

Act as ap.

Thanks Mr Kumar ! for a detailed reply......i have checked the PF account and the payment last received was on 31-03-2012. since then there was no payment. I need your support and guidance for the next action. Thanks alot once again.

You may check at;

www.epfindia.gov.in

Dashboard  : https://www.epfindia.gov.in/defaulter_list.html

if this company is listed in list of defaulters, and you may approach the APFC,RPFC, Addl. CPFC, CPFC for including you and others as intervener in 7A proceedings initiated against this company. Their contact details can be obtained from:

Epfo Directory

https://www.epfindia.gov.in/epfo_directory.html

You may also peruse RTI to obtain information on Name/designation/address of the investigation officials deputed by PF dept., documents collected by it, reports filed by it, status of inquiry, and assets of the proprietors attached to pay PF dues to employees. 

You may obtain Form 3A, 6A, 23, 24 thru RTI, from PIO/CPIO in o/o RPFC where your PF a/c is maintained.

RTI Act 2005: https://www.epfindia.gov.in/rti_officers.html

And go thru Citizen's Charter.

You may approach Inspector under SE Act of AP, Labor Inspector/ALC in O/o Labor Commissioner, Wages Inspector under Payment of Wages Act…….

All affected employees can lodge joint application also for claim of wages.

If you are or become a member of an effective trade union yu may approach them.

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer/law firm.Your lawyer may opine that you fall within the category of workman and ID can be invoked. Designation alone does not decide employee is a workman or not. Your lawyer may opine a complaint under sec 406,420 can be filed.

Company may yield to legal notice by your lawyer, Demand notice by conciliation officer, Notice by Inspector under SE Act, Notice by Inspector under THE PAYMENT OF WAGES ACT ……..

You can also approach civil court.

Valuable advice of learned experts/members is sought.