Hi, I was working in a firm and had to resign as the company had closed the position i was working on and was going through a financial crisis.
Me including several other employees did not receive their salary for 2 months. During the 2nd month i was asked to resign by the company as they were closing the position with my previous 1 month and current month salary unpaid.
They told me they will settle the amount in 45 days and now it has been more than 3 months and they are just postponing it after many calls and exchange of mails.
What can i do in this situation?
11th February 2019 From India, Bengaluru
If you were a workman, make a complaint to the local Labor Officer or in case your monthly salary did not exceed Rs.24000/= file a claim before the Deputy Labor Commissioner for the area withinwhich your establishment lies. Alternatively, you may file a claim u/s 33C(1) of the ID Act.
Otherwise, you may have to institute a Civil Suit for recovery and damages for the breach of the contract of employment.
12th February 2019 From India, Salem
I was not a workman i was working as a video editor
my salary was 28k/month. Who do i get in touch with?
2nd March 2019 From India, Bengaluru
It is a universally accepted fact that it is neither the designation nor the salary which determines the status of one's employment as that of a workman or otherwise. While critically analyzing the definition of the term "workman" u/s 2(s) of the Industrial Disputes Act,1947, if it is clear in the first instance that the nature of the work performed is of manual, unskilled,skilled, technical, operational or clerical, the individual becomes a workman. To my understanding, a video editor just edits the videos taken by the videographers and as such it is purely a technical work. Therefore, no predominant supervisory activity is attached to this post irrespective of the amount of salary paid.
Hence I would suggest that the poster can seek his remedy under the ID Act,1947 as stated earlier by me.
2nd March 2019 From India, Salem
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