Greetings of the day to all seniors
I am working in a metal manufacturing industry. Due to some financial issues we are not able to do salary for our executives and above executives. Is there any legal aspect if we are going to stop salary forcefully for more than 2 months. If yes then please provide the references also
Thanks
Shailendra
Sr. executive HR & IR

From India, Silvassa
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations
Tushar.swar
Manager - Human Resource
Gannahope
Deputy Commissioner Of Labour..a.p.
Shailushukla
Sr. Executive Hr
+3 Others

boss2966
1175

Dear Shailendra
Instead of think in legal way, please think in humanitarian way. You may be in a good position to run your family without your salary for more than 2 months. But you cannot expect everyone can pull on the days without getting salary.
So try to sort out the issue as early as possible, instead of thinking to prolong the issue for more than 2 months.

From India, Kumbakonam
Thank you very much Ramakant Sir, you have given really a useful information.
Dear Bhaskar ji you are also saying right but if organization is not able to do salary on time then we as a HR personnel will have to think out of box

From India, Silvassa
The only Act to deal with payment of wages in India is POW Act 1936,which unfortunately is not applicable to persons with wages above Rs 18000/-pm. So there is no legal impact if salary is delayed for employees with salary above Rs 18000/pm.
Varghese Mathew
09961266966

From India, Thiruvananthapuram
Please don\'t think out of the Box, because you taken work from them and they have spent their time on you and also their families are depending on them so that is alway\'s better to think in humaniterian way instead thinking one As a HR we have to give Justice to Both Employees and Organization
it is my view excuse me if i am wrong
With Best Regards
Suresh

From India, Bangalore
Dear Shailushukla,
I am totally agree with Mr. Verghes's view, as mentioned above executives are not consider as worker or labour, so, POW shall be applicable in this case.
but, on view of Mr. Ramakant, i would like to share here that, Delay of payment act shall be applicable only when any payment of date is specified in contract.
So, delay of payment act can be valid on the ground of The Indian Contract act, 1872, as there should be a commercial contract between two parties.
but, it is challengeable to appeal under the delay of payment act as i belive that, none of the company is mentined the committed salary payable date in any employement letter.

From India, Mumbai
Dear All
Actually i read lots of articles regarding this within 24 hours, and the conclusion is if an employee drawing more than 18000/- per month and company stops his salary he cant do any thing legally.
If i am wrong please correct.
Regards
Shailendra

From India, Silvassa
boss2966
1175

Dear Shailendra
Your perception is entirely wrong. It is not that the individual cannot do anything legally. As they are qualified and thinking of their future and their livelihood they are not approaching the court of law. But whenever the tolerance level crosses its border, then the company has to face the consequences.
They can easily create the records for non payment and they can approach some good lawyer and drag the company in front of the court of law and further close its operation.
So do not underestimate their power.

From India, Kumbakonam
i really agree with Mr. Bhaskar. just think if you are in place of your subordinate then what would you do ? so everything is not resolve by law think something by humanity also.because we all are HR-
HR- heart relation
HR- Hard relation

From India, Rudarpur
I have seen the all above posts. however, I still supress the motive of the question \"is there any law or act to recover these hold salaries from employer\". if the full or more than half salary per month is been on hold for more than 6 months or the total salary amount has increased 1.5Lac or 2 Lac and still accumulating. Does it shows the non-competitiveness of worker ???
I mean the question arises that I a person is not getting his salary for that long (more than 6 months).. why is he still working with that employer.. why didn\'t he left..Is he competitive or not.. Please reply...

From India, Delhi

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