Dear All, Our company is not paying salary since 2.5 months. Reason is due to demonetization. What legal steps can be taken
From India, Pune
This is no valid reason to stop wages. Contact your area labour inspector and lodge a complaint. He will take care of rest. Also if you are paying PF and ESI contribution, also contact enforcement officers and file a complaint there also.
From India, Kolkata
riteshmaity
237
Labour Law Advocate

Depending on the nature of your employment as well as the nature of the company, you can demand salary in writing keeping an acknowledgement and then contact the office of the labour commissioner as advised above.
Demonitization cannot be a reason to withhold salary/ wages.

From India, Kolkata
Apex Management
156
Labour Laws Consultants

The dues towards payable wages must be paid off within seven days of the following month failing which prosecution under payment of wages can be launched against the Occupier and Manager of the factory.
You are required to submit your complaint to the management and endorse a copy of non payment to your area Inspector or Officer who will look into the matter.
P K Sharma

From India, Delhi
kannanmv
254
GENERAL MANAGER - HR & ADMINISTRATION

There is a recent circular from factories inspectorate that wage payments have to be credited to the respective bank account of employees. So you may ask your employer to credit wages due to your bank account. Submit a request in writing to your employer first & if he dies not respond you can take it up with labour department.
Regards

From India, Madras
Anonymous
8
HR , IR and Legal matters

Dear Concerned,
Pl approach first to your employer or hr manager and submit a request letter to release your due wages . wait for a week days and if there is no progress, then approach your concerned labor office with all your proof of employment etc.. file application for recovery of your wages . it is only my personal opinion

From India
[email protected]
729
Finance Manager

As rightly mentioned by Mr. M V Kannan please check whether your employer whether your salary is credited to your Bank Account. If not please proceed with the Labour Inspector
From India, Ahmadabad
Dear Rakesh,
Irrespective of your designation If you do perform nature of duties out of
managerials and supervisory activities Then being eligible under workman category u/s 2(s) of ID act. 1947 can approach labour authorities in form of non
Payment of your wages/salary. However if your drawing salary is 18000 PM or less as per sec 1(6) of payment of wages act. 1936 your employer cannot fix the wages more then 1 month as per sec 4 and as per sec 5 of said act. If the employee strength is below 1000 salary must be disbursed within the next 7th after closing month if strength is exceed 1000 salary must be disbursed within the 10th days after closing month. Try to resolve this issue amicably otherwise approach your range labour commissioner on voilations of payment of wages act. 1936
if No relief there you can even file the case
U/s 33C(2) of ID act. 1947 in respect of recovery of dues?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor

From India, Agra
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