suchitaachavan@yahoo.co.in
6

Dear All,
I am working with a manufacturing company....In my company I have one lady working in housekeeping her financial condition is not good...her husband worked with the one of contractor....who doesn't pay him salary from last 2 months... contractor promises to pay it in future and after that he denied to pay when they approach to the HR person he not at all entertain....
so what she should do now.....?
how can she get her husband 2 month payment...?
Plz suggest some thing......

From India, Pune
boss2966
1166

Dear Suchita
Please call the worker who was engaged with the contractor and the contractor and ask for the reason for denying the payment. If the payment was denied due to some theft or damage/loss caused by the worker then you can decide as per your company norms as you will deduct the amount from his bill, obviously the contractor will deduct from the payment of the worker who caused the damage/loss. Otherwise, misunderstanding, if any, please clear them and till he gives the payment to the worker, you can hold the cheque of the contractor and instruct the contractor to submit the paysheet of all the workers to your IR Department and then you can issue the cheque to the contractors.

From India, Kumbakonam
kannanmv
256

Greetings Suchita,
In my view it may not be appropriate for you to investigate non payment of wages to a person not connected with your company. Hence, you can advise the spouse of the housekeeping lady to approach the labour officer of the respective remedy in case the contractor refuses to release payment without a proper justification as explained by Mr.Bhaskar.
Regards

From India, Madras
varghesemathew
910

As per section 21(4) of the CLRA Act if the contractor fails to give wages the principal employer is liable for the same.He can recover it from contactor's bill.So there is nothing wrong in employer investigating the reasons for non payment of wages.
Varghese Mathew

From India, Thiruvananthapuram
kannanmv
256

Greetings Varghese Mathew,
As Suchitha has indicated that the lady's spouse worked with yet another contractor offering services in an organisation different from the one she is working. This was the reason I suggested to her that it may be inappropriate to launch an investigation.
Regards

From India, Madras
boss2966
1166

Dear Varghese
Mr. Kannan Has given apt reply. The only thing the spouse of the lady employee can do is she can approach the concerned Licencing authority with proper proof of employment (Muster Card/Identity Card).

From India, Kumbakonam
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