Dinesh Divekar
Business Mentor, Consultant And Trainer
Octavious
Hr Manager
Sushilkluthra@gmail.com
Consultant In Legal Matters
+2 Others

Thread Started by #Trainingind.com

HI, I HAVE BEEN WORKING AS A BDM IN A TRAINING COMPANY. MY WORK LOCATION IS NIGERIA, BUT MY COMPANY IS INDIA BASED.I HAVE NOT RECEIVED MY SALARY MORE THAN THREE MONTHS. I HAVE SIGNED 2 YEARS BOND BEFORE TRAVELLING TO NIGERIA. IF I RESIGN FOR NOT PAYING SALARY. IS THEY FILE A CASE AGAINST ME. WHAT TO DO FOR GETTING MY SALARY.
30th January 2015 From India, Bangalore
Dear Trainingind.com,

Are you Indian national or Nigerian national? What are the terms of your employment? What % of your salary is linked to the business development? Could you attain your business targets? What kind of this training company is?

From where you have been issued with the appointment letter? Their office in Nigeria or HO at India? If it is latter then find out the address of the labour office under whose jurisdiction their HO falls in. Try talking to the Labour Officer.

Anyway, send me invite on Skype. We will discuss something else. My Skype ID is <dineshvasantdivekar>

Additional feedback: - You could have written your post in little professional way. Worst still, you have written the post in block capital letter. I am little surprised that owner of the training company has not taught you that while writing letters or posts in public forum, you cannot write in block capital letters. It is against business etiquettes. It is considered as yelling.

Thanks,

Dinesh Divekar


30th January 2015 From India, Bangalore
If the employer fails to perform his material part of contractual obligation by not paying salary, there is no liability of employee to give notice or observe bond liabilities because the employer has repudiated the contract but the damages for liabilities still survive and can be recovered. You can recind the contract by giving notice on account of non payment of salary by employer. Reference may be made to the Apex Court decision in Union of India v Kishorilal decided on 21.5.1959. You may recover salary through inspector under Payment of wages Act if your salary is less than Rs.18000 or under labour laws if are workman or through laws of Nigeria.
Thanks
Sushil
31st January 2015 From India, New Delhi
You must post the details as asked by Mr. Dinesh Divekar.
Post regular reminders and highlight that you were assured that your salary shall be paid on dated...........of each month and you are facing hardships due to non payment of your earned wages.........and demand that salary slips and salary be supplied immediately say.......within next 3 days....
The earned wages have to be paid even if some targets were assigned but not achieved.
You may post the relevant extracts from appointment letter......
Non payment of wages would render the employer as unworthy of being employed with and it can amount to breach of trust, fraud,forgery etc..................
31st January 2015 From India, Chandigarh
#Anonymous
Kindly contact the Indian embassy in Abuja and inform them that you have not been getting your salary. Quite a few Indian companies have resorted to not paying salaries in Nigeria. In fact , the Ministry of Home affairs releases a black list of employers abroad who are known to default on salaries abroad and alert prospective employees from joining them. The saddest part is that all in the list in Nigeria are Indian companies with Delta Steel heading the list. In fact a few employees were even evacuated from Delta steel and a case was filed by the government in the Punjab and Haryana High court on behalf of the employees and all dues were then paid for those who were evacuated. Those who did not complain are still languishing in Delta state without getting their salaries. Nigerian government has now issued notice to take back the privatized Delta steel from the Indians to safeguard the interests of Nigerian employees who also have not received their salaries.

There is an officer in the Indian embassy in Abuja who takes up this issue with the employer and if the employer does not pay, then, automatically the company gets into the black list. In case you leave the company, this complaint with the embassy duly acknowledged will prove that the employer abandoned you in a foreign country. Since you desire to leave, its better that you complain in the embassy and keep it on record.
2nd February 2015 From Indonesia, Jakarta
Dear Trainingind.com
Please file a commercial winding up against the company in any of Indian High Court which has jurisdiction.
The money will come as soon as they get a winding up notice.
Regards
Octavious
11th February 2015 From India, Mumbai
Dear Trainingind.com,

In continuation of my previous post, I wish to add the further course of action.

I happen to see your thread and find that your company is based in Bangalore. If it be so, then under the Karnataka Shops and Establishment Act, the provisions of Payment of Wages Act are applicable for unpaid wages. It is assumed that you were sent by your employer on deputation to Nigeria. Then the present employer should be treated as principal employer liable for payment of your unpaid wages of Nigeria. Approach the inspector under the Karnataka Shops and Establishment Act to get the unpaid wages by representing him enclosing your appointment letter and deputation letter to establish liability of establishment here. As stated by me in a today’s post relating to a thread titled “Full and Final Settlement”, your company is covered under the term "establishment" defined under the Act. Request the inspector under the Karnataka Shops and Establishment Act for getting your settlement of dues. It is his duty to get those unpaid wages.

Under section 21 of the Karnataka Shops and Establishment Act, the provisions of the Payment of Wages Act apply regardless of the limit of Rs.18000/- of wages because subsection (1) of section 21 starts with non-obstanta clause saying "Notwithstanding anything contained in the Payment of Wages Act, 1936...". Moreover, inspector appointed under the Shops and Establishment Act is enjoined upon the power to implement the provisions of the Payment of Wages Act.

Thanks

Sushil
11th February 2015 From India, New Delhi
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