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prasad   11 March 2015

Salary not given

Dear Sirs,

my friend joined in a telecalling company. they cliamed as Airtel Direct and told to give a salary of 7000/-pm . after one month, now they are refusing to give the salary instead they gave only 1400/- only. they are doing this with all staff. after one month everybody will leave and a new set of telecallers will join. what can i do?they have not given an appointment letter also.



Learning

 1 Replies

Kumar Doab (FIN)     11 March 2015

Are you a member of any Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

You should be!

 

All affected employees should join hands and stand as a witness to each other.

Lodge a complaint with local O/o labor commissioner and inform politely that you are contemplating to call media as well....

 

 

Such companies and BPO/KPO etc  are covered by :

(name of the state) Shops and Commercial Establishments Act

and notice period for service of 30 dasy is NIl as per this Act

Unpaid wages are debt on employer.

You should record admission of debt (audio/visual/witnesses/minutes/written communication from company etc)...............

 

How you would achieve it is to be seen by you.

Once you have admission then rest can be handled.

Appointment letter has to be supplied as per (name of the state) Shops and Commercial Establishments Act.

 

First of all you should submit a written representation addressed to good offices (under proper acknowledgment) of appointing authority,MD mentioning that the salary has not been paid to you on usual pay day and till date neither the salary has been paid nor the salary slip has been supplied  despite in person/by phone/by email representations to Mr/Ms...............designation...........dept...............address...................and each time they (mr/Ms) have stated on dated...............that the payments of unpaid amounts shall be made by dated..........and that since your wages have not been paid you are facing acute financial hardships ...................and salary slip/salary be supplied to you by bank DD thru Redg. Post only so as to reach you in next say.....................3 days......alongwith reason for non payment of your earned wages in writing on letterhead of the company under proper seal and signature of competent employee and you should be informed of the penalty awarded  to concerned personnel for this transgression.....

 

 

If good offices also do not provide any relief you have the option to  approach:

‘Works Committee’ that is an authority as per ID Act, Grievance Redressal Committee that is made mandatory in each company by many state Govt.e.g. Karnataka

Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc….

O/O Labor Commissioner

Inspector appointed under (name of the state) Shops and Commercial Establishments Act .This Act in almost all states does not discriminate between ‘Workman’ and ‘Non Workman’……………………….and there are many forms/registers that employer has to maintain and submit related to payment of wages under  (name of the state) Shops and Commercial Establishments Rules………………….

Inspector appointed under Payment of Wages Act;Refer to Sec13A also…………..Employer can be penalized if wages are not paid on usual pay day say Rs.7500/instance………….

As already pointed out salary slip has to be supplied to all employees Payment of Wages Act;Sec13A.............................atleast a day before the due date of payment of wages................also as per Min.Wages central Rules 26(3,4)..................and it should be duly signed by both employer and employee........................and payment of wages has to be recorded as per various forms/registers prescribed under  (name of the state) Shops and Commercial Establishments Rules………………….e.g. FormN under Tamilnadu Shops and Commercial Establishments Rules………………….

 

The Inspector appointed under above mentioned Acts can examine all registers in company's office or call it in his /her office and you can demand to supply these under RTI from Inspector................. 

 

Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advise of your counsel………………..

Your counsel may opine that you can file complaint us/406,420……………and winding up petition………….as unpaid wages are debt on employer………..

 

 

Moreover if salary is not paid the company might have not processed PF,ESIC,TDS etc and complaint with RPFC,ESIC,ITO can also be lodged…


 


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