Hi All,
My sister was working in a startup IT company as a Business Development Manager from 1st Feb 17' to 30th Sep 17'. She received salary for first three months and thereafter she didnt received any salary from the month May 17' onwards. Three persons has opened this company in partnership. Later these people always kept telling my sister that your salary will be paid in next week and the salary was never paid. This happened multiple times. Then my sister resigned and now we are still struggling to get the salary. Now, the owners are saying that my sister has not given any business due to which they don't have money to pay salary. We have offer letter as well as relieving letter as per the above said dates. So now my questions are:
1) Being at managerial position, can a manager lodge a complaint for not getting salary at labour court ? As Industrial Dispute act ,1947 is applicable for workers and not for managers or supervisors for lodging a complaint at labour court.
2) If not, then is there any other alternate to get the salary, if yes then what and how?
Request you all to please help suggest/guide me on the above pointers at the earliest.
Thanks in advance....
Rakesh
From India, Mumbai
My sister was working in a startup IT company as a Business Development Manager from 1st Feb 17' to 30th Sep 17'. She received salary for first three months and thereafter she didnt received any salary from the month May 17' onwards. Three persons has opened this company in partnership. Later these people always kept telling my sister that your salary will be paid in next week and the salary was never paid. This happened multiple times. Then my sister resigned and now we are still struggling to get the salary. Now, the owners are saying that my sister has not given any business due to which they don't have money to pay salary. We have offer letter as well as relieving letter as per the above said dates. So now my questions are:
1) Being at managerial position, can a manager lodge a complaint for not getting salary at labour court ? As Industrial Dispute act ,1947 is applicable for workers and not for managers or supervisors for lodging a complaint at labour court.
2) If not, then is there any other alternate to get the salary, if yes then what and how?
Request you all to please help suggest/guide me on the above pointers at the earliest.
Thanks in advance....
Rakesh
From India, Mumbai
Haa..ok sir. Absolutely she can just lodge a written complaint BEFOFE A LABOUR OFFICER OF THE CONCERNED AREA.AND DONT FORGET TO SEND A COPY TO HIGHER lFFICE4S TO HIM ALSO....
SHE IS ELIGIBLE TO GET ALL HER WORKED PERIOD UNDOUBTEDLY...GO AHEAD...
FILE COMPLAINT UNDER PAYME.NT OF WAGES ACT...PLS GO AHEAD SIR
From India, Nellore
68SHE IS ELIGIBLE TO GET ALL HER WORKED PERIOD UNDOUBTEDLY...GO AHEAD...
FILE COMPLAINT UNDER PAYME.NT OF WAGES ACT...PLS GO AHEAD SIR
From India, Nellore
Dear Rakesh,
If she was working as manager and doing supervisory work then she may not fall under category of employee. Thus, she may not allow to file an complaint at labour office but yes she can put a case in court for the same.
If she was working as manager and doing supervisory work then she may not fall under category of employee. Thus, she may not allow to file an complaint at labour office but yes she can put a case in court for the same.
Dear Rakesh,
Before giving any opinion/advice we need to get some information :-
1. How many employees are there in the company?
2. Did she have a team? Was any one reporting to her?
3. Who was authorized to sanction leave/advances/conveyance/travelling bills etc of the employees?
4. What was her role exactly and to whom was she reporting? Did she used to get day to day instructions from some one in the office?
5. By giving a designation of Manager, one can not become Manager if the Manager does not have any authority and staff for supervision and authority over them.
6. Yes you can file a complaint to the Government Labour Officer with copies to Labour Commissioner, Deputy Labour Commissioner, Assistant Labour Commissioner and if it is a private limited or limited company copy to Registrar of Companies and state labour minister and labour secretary also.
Warm Regards
Bharat Gera
HR Consultant
From India, Thane
Before giving any opinion/advice we need to get some information :-
1. How many employees are there in the company?
2. Did she have a team? Was any one reporting to her?
3. Who was authorized to sanction leave/advances/conveyance/travelling bills etc of the employees?
4. What was her role exactly and to whom was she reporting? Did she used to get day to day instructions from some one in the office?
5. By giving a designation of Manager, one can not become Manager if the Manager does not have any authority and staff for supervision and authority over them.
6. Yes you can file a complaint to the Government Labour Officer with copies to Labour Commissioner, Deputy Labour Commissioner, Assistant Labour Commissioner and if it is a private limited or limited company copy to Registrar of Companies and state labour minister and labour secretary also.
Warm Regards
Bharat Gera
HR Consultant
From India, Thane
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