BRIJESH L PATEL (Dispatch Incharge) 03 August 2020

Unpaid Salary From April 2020 To till date

Dear Sir,
I am working as a Dispatch Incharge in readymade garment unit(Limted Company) in Surat,I have joined the company on 09/09/2015 and it is in continuation till date. After Unlock-1 announced , I approached the Unit Head at our company in person, as my immediate boss and unit head both were not picking my calls and were not replying messages on WhatsApp. When I approached the company , Unit Head verbally instructed me not to come on duty till August-2020, But I was willing to work, I requested him to give me in writing, but he refused and said it's an order from top management. I asked for salary from April 2020 to till date , that also he refused to pay. Sir pls guide us what action can be taken to at least get the basic salary for each month. Till date I have not resigned or not even receive any written instructions via email , SMS or Whatsapp or Postal letter.

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6 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 03 August 2020

whether your company covered under ID ACT. Are you a member of registered trade union. what kind of employment is yours.

Dr J C Vashista (Advocate) 04 August 2020

What is the status of other employees working in the company ?

Get united and proceed through a local lawyer as advised.

BRIJESH L PATEL (Dispatch Incharge) 04 August 2020

Sir, I am not a member of a registered trade union, my employment is permanent, but they have not provided me the joining letter nor the employee ID card. Finger Punching for attendance is activated.The only proof is that my salary is deposited in the bank account

G.L.N. Prasad (Retired employee.) 04 August 2020

You have waited for so many months, have patience and wait for one more month, as you are in a key post, and replacing you at this time may drag them to complications. When the employer is himself in problems, and when there are several workers facing the same situation, move together for a remedy.

Ritesh Maity (Labour Law Advocate) 04 August 2020

1. You may send a letter in a soft tone requesting the management to release the outstanding salaries. Send it through speed/ reg post and/ or through email so that you have evidence of communication. Wait for 10-15 days.

2. If they don't respond (in writing) or does not pay the outstanding salary, you may send a demand notice through lawyer. But remember this will aggrevate the managment. But you have to take the risk. You are the best judge of the situation when you have no other alternative.

3. Even if the legal notice does not work out, then you have to file a case. Where/ how the case will be filed would depend on your nature of duties and company. That can be discussed when required.

Dr J C Vashista (Advocate) 05 August 2020

I endorse the opinion and advise of expert Mr. Ritsh Maity.

Request your employer for payment of your salary and do not jump to restoring legal option.

Unpaid Salary From April 2020 To till date

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