Hi,
I have been working with a Pvt Ltd. company for 2yrs. From last 11 months our salary, reimbursements and salary slips have been not paid, citing non-availability of funds, promoters promise every month they will pay as soon as money comes. But the matter is continuing for long, and we are now forced to look for alternatives. Please tell me what legal action can be taken and how to proceed. Recently they paid a month's salary, but I suspect this is to prevent the closure of the company only. If I resign and look for new job, can I still later go legal for payment or it is better to be on rolls till the money is given. Problem is we have been suffering a lot and for long. Where can I get legal help and also read some rules regarding this issue.
Thanks in advance.
Regards
Mr. M
From India
I have been working with a Pvt Ltd. company for 2yrs. From last 11 months our salary, reimbursements and salary slips have been not paid, citing non-availability of funds, promoters promise every month they will pay as soon as money comes. But the matter is continuing for long, and we are now forced to look for alternatives. Please tell me what legal action can be taken and how to proceed. Recently they paid a month's salary, but I suspect this is to prevent the closure of the company only. If I resign and look for new job, can I still later go legal for payment or it is better to be on rolls till the money is given. Problem is we have been suffering a lot and for long. Where can I get legal help and also read some rules regarding this issue.
Thanks in advance.
Regards
Mr. M
From India
Hi Diviak,
Leave that organization and join in another as soon as possible. Dont be blind if you can see better. According to me, it is too late, you have realized after 11th months. I would not blame your company, but wold blame YOU. Dont wast your professional life by spending your time there...come out and look for good one.
What you can get if you can take leagal action? do you think that you will get result immediately? Done wast your life.
From India, Madurai
159Leave that organization and join in another as soon as possible. Dont be blind if you can see better. According to me, it is too late, you have realized after 11th months. I would not blame your company, but wold blame YOU. Dont wast your professional life by spending your time there...come out and look for good one.
What you can get if you can take leagal action? do you think that you will get result immediately? Done wast your life.
From India, Madurai
Hello Diviak,
Jeshkan has given you a realistic suggestion--HOWSOEVER unpalatable.
Just get out of there.
Coming to your specific query "....can I still later go legal for payment....": Yes. You can. BUT....it's better for all employees to file a single case--rather than singly. In a way, you would be giving the management a good chance to 'divide & rule', even without their asking. Hope you get the point. That way, the legal costs as well as coordination efforts too can be shared.
All the Best.
Rgds,
TS
From India, Hyderabad
Jeshkan has given you a realistic suggestion--HOWSOEVER unpalatable.
Just get out of there.
Coming to your specific query "....can I still later go legal for payment....": Yes. You can. BUT....it's better for all employees to file a single case--rather than singly. In a way, you would be giving the management a good chance to 'divide & rule', even without their asking. Hope you get the point. That way, the legal costs as well as coordination efforts too can be shared.
All the Best.
Rgds,
TS
From India, Hyderabad
If your salary was above Rs 18000/pm Payment of Wages Act is of no use. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Diviak,
Please read Section 17A of Payment of Wages Act, 1936 given under:-
17A. Conditional attachment of property of employer or other person responsible for payment of wages
(1) Where at any time after an application has been made under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 11[any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub-section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of the opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgement under that Code shall, so far as may be, apply to any order for attachment under sub-section (1).
Under the stated circumstances, what action you and your colleagues have taken so far for non-payment of wages by your employer? If, the problem is not yet resolved, you may take legal advice on contesting a case under above section in Labour Tribunal. Also I advise an out of court settlement with your employer if a case is already filed before court, as you may have to fight for justice for a lifetime under Indian Laws.
With regards,
Madhusudan
From India, Vijayawada
Please read Section 17A of Payment of Wages Act, 1936 given under:-
17A. Conditional attachment of property of employer or other person responsible for payment of wages
(1) Where at any time after an application has been made under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 11[any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub-section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of the opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgement under that Code shall, so far as may be, apply to any order for attachment under sub-section (1).
Under the stated circumstances, what action you and your colleagues have taken so far for non-payment of wages by your employer? If, the problem is not yet resolved, you may take legal advice on contesting a case under above section in Labour Tribunal. Also I advise an out of court settlement with your employer if a case is already filed before court, as you may have to fight for justice for a lifetime under Indian Laws.
With regards,
Madhusudan
From India, Vijayawada
Pl read section 1(6) of payment of wages Act.which nullifies Sec 17A. Varghese Mathew 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
But, it is still contestable in labour court under Section 20, Sub-section (6) of Payment of Wages Act, 1936, for contravention of provisions of the Act :-
(6) If any person fails or wilfully neglect to pay the wages of any employed person by the date fixed by the authority in this behalf he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to [one hundred rupees] for each day for which such failure or neglect continues. (This is in addition to the fine of upto Rs.15,000/-)
1. Sub. by Act 38 of 1982.S.11
With regards,
Madhusudan
From India, Vijayawada
(6) If any person fails or wilfully neglect to pay the wages of any employed person by the date fixed by the authority in this behalf he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to [one hundred rupees] for each day for which such failure or neglect continues. (This is in addition to the fine of upto Rs.15,000/-)
1. Sub. by Act 38 of 1982.S.11
With regards,
Madhusudan
From India, Vijayawada
All these are true in a case where the Act is applicable.But in cases where the Act itself is not applicable these provisions are superficial.It is like a person with monthly basic salary of Rs 15000/ demanding and fighting for bonus under Payment of Bonus Act.
Varghese Mathew
From India, Thiruvananthapuram
Varghese Mathew
From India, Thiruvananthapuram
Well, in that particular situation you can go for other job and the current company have to pay you for the previous months salaries that are pending even if you leave the job at the time of full and final settlement bu you need to have all the verified docs for employment agreement and then if they do not pay your pending salaries then you can take legal action.
From India, Lucknow
From India, Lucknow
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