Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Cma1984
Hr Head
Abhi1985
Software Engineer

#Anonymous

I am working as Technical Consultant at a start up company which was running fine until we got our first revenue in February. But this revenue has made one of the co-founder of the organization greedy and has cheated his partners by selling our product to the marketing company of the same product. This has made our company loose product which brought revenue to the company. Also company has lost its rented premise however the registered office is resident of one of the co-founder.
Later in the month of May, entire staff was being asked to resign and our April salary is not being processed. None of the employees have resigned as it sounded wrong. When requesting for salary, the co-founder is threatening with termination and rudely saying to take any action against him but will not process salary. Being a technical consultant I have no idea on how to proceed in this scenario as the other co-founders of the company is not taking our side and they themselves have lost a lot of money in this scam. I am looking at the team here to suggest and guide me on proceeding to get justice.
22nd May 2018 From India, Bengaluru
I think it is a situation of non-payment of salary to the entire staff. Poster himself admits that it is an extraordinary situation beyond the control of one of the co-founders who alone manages things without any support from the others. His rudeness might be the symptom of his inability. Therefore, what is required is patience and persuasion. Of course, the affected employees can make a joint complaint to the area Deputy Commissioner of Labor who is the authority under the Payment of Wages Act,1936 in respect of claims relating to delayed/denied wages.
22nd May 2018 From India, Salem
#Anonymous
Dear Umakanthan, is it mandatory to file complaint at Deputy Commissioner of Labor or can we consult any lawyer right away?
22nd May 2018 From India, Bengaluru
Hi Umakanth,
File complaint to Deputy Commissioner of Labour and there you will get solutions.
Regards
24th May 2018 From India, Chandigarh
Dear Anonymous and cma1984,
Can I expect some basic courtesy while addressing senior person like Mr M Umakanthan? If you read his signature column, you will find that he is retired Additional Commissioner of Labour. By giving free advice to the needy members of this forum, he is doing yeoman's service. Against this backdrop, addressing such a senior person as "Hi" is nothing impropriety. This is a formal group and members are required to maintain formality.
Thanks,
Dinesh Divekar
24th May 2018 From India, Bangalore
Sincere apologies to Mr. Umakanthan sir.
I think cma1984 is bit confused on actually who raised this request. But my apologies again for any confusion or disrespect out of my negligence. I am very thankful to Mr. Umakanthan sir for his advice and I am seriously following his guidance in this regard. His advice has given some hopes for 30+ employees (who all are techies with no knowledge of laws) in our company and we have no words to thank members of this site.
Regards,
Abhinandan
24th May 2018 From India, Bengaluru
Wages is the right of the employee and that to be paid within wages period. The partnership broken or cheated is nothing for the employee.
In the instant case you all give a representation in the office of the Local Labour Department.
In business hardship comes but enterprenuer has to cope-up with the situation by the cooperation of the employee. The enterprenuer rather should discuss and can take time to make payment but can not lament.
You all lodge your complaint before the labour department for resolving the issue.
24th May 2018 From India, Mumbai
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