Dear Seniors,
I work in BPO and due to loss in business my employer is delaying salary and requesting us to cooperate. But now its not manageable. I have not received salary from September 2017 and Directors conveyed that it would be delayed another 1 month. If I resign with notice then also I am not sure whether I will get my salary and FnF as my colleagues who left in March 2017 have not got their FnF. I feel I am completely stuck here.
One of my colleague complained in Labour office( he mentioned in mail sent to Directors & HR) but no action is taken I suppose because still company is not paying salary.
Many people have already left. Few by giving resignations and few got absconding. So the Head count is only 9 employees.
Kindly guide me what I should do in this situation.
Thanks
From India, Mumbai
I work in BPO and due to loss in business my employer is delaying salary and requesting us to cooperate. But now its not manageable. I have not received salary from September 2017 and Directors conveyed that it would be delayed another 1 month. If I resign with notice then also I am not sure whether I will get my salary and FnF as my colleagues who left in March 2017 have not got their FnF. I feel I am completely stuck here.
One of my colleague complained in Labour office( he mentioned in mail sent to Directors & HR) but no action is taken I suppose because still company is not paying salary.
Many people have already left. Few by giving resignations and few got absconding. So the Head count is only 9 employees.
Kindly guide me what I should do in this situation.
Thanks
From India, Mumbai
Hi,
Your situation give a significance of deteriorated financial conditions of the company. Ethically if the employer is giving his assurance for clearing the salaries within some time, then it need to be supported provided that the employer is releasing at least some fund so that the bare minimum requirements can be met.
As per the wages act 1948 the salaries need to be released by 07th of every month for organisation up to 500 employees. In your case, it is delayed by 3 months now. If you fall in the category of worker and drawing a salary upto rs 21000, then you can file a complaint to assistant labour commissioner of the area who will further proceed with their action as per defined system and will take some time. You probably would required to attend different dates given by them in the inquiry and proceeding which some time resembled as harassment. And if you are drawing salary more than 22 thousand then you can directly file a suit in the civil court.
Both the above action will terminate your relationship with the current employer in permanent nature and spoil each other's credibility also. I would suggest you to have a conversation again with your employer and ask them to release some fund so that the minimum livelihood can be met. Understand that are they really serious about continuing with the company or just lingering on. Based on that take any decision.
From India, New Delhi
121Your situation give a significance of deteriorated financial conditions of the company. Ethically if the employer is giving his assurance for clearing the salaries within some time, then it need to be supported provided that the employer is releasing at least some fund so that the bare minimum requirements can be met.
As per the wages act 1948 the salaries need to be released by 07th of every month for organisation up to 500 employees. In your case, it is delayed by 3 months now. If you fall in the category of worker and drawing a salary upto rs 21000, then you can file a complaint to assistant labour commissioner of the area who will further proceed with their action as per defined system and will take some time. You probably would required to attend different dates given by them in the inquiry and proceeding which some time resembled as harassment. And if you are drawing salary more than 22 thousand then you can directly file a suit in the civil court.
Both the above action will terminate your relationship with the current employer in permanent nature and spoil each other's credibility also. I would suggest you to have a conversation again with your employer and ask them to release some fund so that the minimum livelihood can be met. Understand that are they really serious about continuing with the company or just lingering on. Based on that take any decision.
From India, New Delhi
Correcting above, "The wages act 1948" to be read as "The payment of wages act, 1936, section 4". Inconvenience regretted.
From India, New Delhi
From India, New Delhi
Thank you so much for your reply. But I would like to ask as we are only 9 employees can 1 employee file suit in court as my salary is Rs. 30000/- pm. I mean the head count is less than 10 employees.
From India, Mumbai
From India, Mumbai
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