No employer has right to hold the salary of any employee.
The concerned employee can complain this to the labour department
of that area. Before that ask him to put written reminders to the owner
asking for disposal of salary .
Secondly about he being liable to bring the business -
I always have said that there are two aspects of salary - fixed and incentives (especially for jobs that involves sales etc.)
If the person is a non-performer, he would not get his incentives, but the basic or the fixed monthly salary is to be paid irrespective of the fiancial loss...
Dont you think it is time consuming process for labour court.
Can u please guide me any other solution
Irrespective of how the cases have been dealt with, your friend needs a way out. Reporting to the labour commissioner's office would be last resort. The salary is due for how many months? When the end-line is in sight, what is he planning ? Has he started looking for a job? He will need the employment. The salary will come to him, but with a struggle.
I suggest him to focus on a job search more than fighting his way through is pending salaries. He needs to report the issue, but thats entirely his prerogative. Trust he might want to do it, once he is certain of his next assignment.
We wish him all the best !
Its required that he should concentrate on job search .But at the same
time informing this to the DLC (Labour commissioners office) is a good
move .This will have good impact on the other employees too.Employers
tend to take the employees for granted . Its a time when employees
should stand for their rights .
If not yet resigned, then kindly ask your friend to go through the terms and conditions of his appointment/ offer letter of the current company as well as any handbook if they have (mentioning details about disbursement of salary), which will help him find a way out while discussing matters with the labour commissioner. Besides also while on a Job hunt, ask him to do a little R&D on the next company that he is going to join, and also go through the appointment letter of the new company. So that he does not have to go through any of this again.