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Thanaraj (Consultant)     24 July 2014

Salary not received past 1 year

Hello sir,

I worked in a Software consultancy firm in Chennai. They didn't pay me for my last month salary. But Client has paid  my salary to Consultancy. What is my next step. Kindly advise me sir.

Thanks

Raj



Learning

 8 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Dear, File a suit claiming your money as a recovery suit. Advocate kapil chandna 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Dear, File a suit claiming your money as a recovery suit. Advocate kapil chandna 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Dear, File a suit claiming your money as a recovery suit. Advocate kapil chandna 9899011450

Advocate Ravinder (Advocate/Attorney)     25 July 2014

First check up whether you will come under the category of workmen or not. Then file a complaint before Labour Commissioner.  You will get quick relief. You will get salary plus damages.

T. Kalaiselvan, Advocate (Advocate)     27 July 2014

There may be a delay in payment of salary, you should not jump to any conclusion so soon, what is your company telling about your salary?, you did not say that why your company is not paying the salary, whether you still work in the same company, any other reason that the company is facing difficulties to disburse the salary, whether it has not paid to you alone or to all other employees too?  Create a record by asking your company for salary in writing immediately and wait for few days, if you don't get any favorable reply, you may think of legal actions.

Sudhir Kumar, Advocate (Advocate)     29 July 2014

agreed with experts above.

Kumar Doab (FIN)     01 August 2014

 

 

The employer that has employed you (Consultancy) and has seconded you has to pay wages to you/PF-ESIC-Gratuity contributions, even if client has paid it or not.

 

 

The employee can lodge the complaint the moment payment of earned wages is delayed from fixed/usual pay day even if by a day.

The employer has to supply the Wage slip at-least a day before the usual pay day/ disbursement of wages and both employer and employee has to sign the wage slip.

You can lodge complaint with:

 

---Inspector under Tamilnadu Shops and Commercial Establishments Act

Refer:

Sec:2(18),28, 29,30,31,32

And

Tamilnadu Shops and Commercial Establishments Rules:

10, 11 {3(c)

[(5) Every employer shall maintain a register of wages in [From R] in his establishment .]

 

[(6) Wages slip in form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or at least on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorized person and also the signature of the concerned  person employed shall be obtained . the copies of wages slip issued shall be maintained by the employer and produced to the Inspector on demand.]

 

---Payment of Wages Acy ;13A and others.

 

You must contact Employee’s unions, Trade unions.

You may go thru other threads e.g;

https://www.lawyersclubindia.com/forum/Chennai-IT-company-Notice-period-not-serving-legal-implications-106510.asp

https://www.lawyersclubindia.com/forum/Not-serving-notice-3months-due-to-plans-for-higher-studies-106255.asp#.U9u0YuOSwb8

and other threads mentioned in these.

 

 

The employees in your state have acted on the advise of experts in various threads and have posted that they have united and benefitted from their unity.

Sudhir Kumar, Advocate (Advocate)     02 August 2014

You have received well detailed view of Mr Kumar Doab.

 

Now it is upto you either to move forward or keep waiting.


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