8th November 2016 From India, Mumbai
We usually find almost every day similar posts that on last working day , settlement of dues not made ; legal dues denied or outstanding dues are not paid though employees have served till last minute .People complaint of HR not responding or HR preferring aggrieved person waiting for long hours unattended by no one.
Employees in management cadre are not entitled to claim their unpaid wages under Labour Laws and/ or any machinery under it. They should institute their case before Civil Court through a competent Lawyer for money , interest and damages etc in the court of Civil Court OF proper jurisdiction. The jurisdiction of the court , as a special aspect in nature, is already written as a general practice in almost all appointment letters.Not filing a case in court as mentioned in Appointment Letter will be rejected for want of right jurisdiction.
The OTHER category is of workmen , whose services are maintainable under Labour Laws and various provisions there in. The definition of Workman under ID Act is very wide and covers almost persons doing manual, skilled, clerkal activities and includes Contract labour also. One must be clear as to whether he is management Staff or he is a workman before deciding as to where his claims are maintainable.Many a time after fighting battle for so many years, aggrieved persons (often with their kith and kin) are running pillar to post and from post to pillar for want of proper place, I mean he is not clear where is justice of right legal authority.
In this , matters pertaining to employment, termination and discharge, payment/ non payment/ short payments of dues and non fulfillment of any legal conditions etc are dealt through Labour Enforcement Officer(LEOs).Many a time, we read remarks by young angry members in this cite suggesting that employee to go to police. This advice is leagally not a correct and sufficient enough for rendering any sort of relief.Police has no role in this unless there has been any law and order problem.So for this kind of problem., the aggrieved person must write a complaint first to HR of the company stating everything and make polite submission that a sum of Rs...... as dues are not paid though relieved on.(DATE)which ought to be paid.
In case you do not find any response,THEN second step is to approach Labour Enforcement Officer of that area , with a copy of your complaint attached with Letter sent to HR and see that either he writes a letter to the company and gives a copy of the same to you or he ACCOMPANIES you to HR of the company to enforce HR / factory manager to settle the matter.
He will take up the matter as the matter of non payment is his subject matter.
Labour Law Adviser
12th November 2016 From India, Delhi