Dear all,
I was working for an engineering design company that closed down due to financial constraints. It hasn't officially closed, but everyone has moved out except the directors. We were not paid for almost 10 months as of November 2020 when I resigned.
A few of us filed a case in the Labour court, and hearings are ongoing. Some of the management did not attend or send a letter, which irritated the officer, leading to a final warning being issued. During the last hearing, they presented a calculation for salary dispersal. Their proposal involved giving 25% of the basic salary for 4 months and 50% for 6 months, along with PF and medical benefits only. The company had appointed a labor consultant, who mentioned that Special Allowance is not a statutory payment, and therefore, the company is not obligated to pay that amount. However, our CTC structure includes over 50% value in Special Allowance. We disagreed with their proposal as it falls short of the dues they owe us.
Could someone provide more insight into the company's statement regarding the liability to pay Special Allowance?
Thanks in advance.
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I was working for an engineering design company that closed down due to financial constraints. It hasn't officially closed, but everyone has moved out except the directors. We were not paid for almost 10 months as of November 2020 when I resigned.
A few of us filed a case in the Labour court, and hearings are ongoing. Some of the management did not attend or send a letter, which irritated the officer, leading to a final warning being issued. During the last hearing, they presented a calculation for salary dispersal. Their proposal involved giving 25% of the basic salary for 4 months and 50% for 6 months, along with PF and medical benefits only. The company had appointed a labor consultant, who mentioned that Special Allowance is not a statutory payment, and therefore, the company is not obligated to pay that amount. However, our CTC structure includes over 50% value in Special Allowance. We disagreed with their proposal as it falls short of the dues they owe us.
Could someone provide more insight into the company's statement regarding the liability to pay Special Allowance?
Thanks in advance.
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Understanding the Company's Liability to Pay Special Allowance
In the context of the situation described, it's crucial to address the issue of the company's obligation to pay the Special Allowance component of the Cost to Company (CTC) structure. Here are some key points to consider:
1. [ICON] Legal Perspective:
- Special Allowance, although not a statutory payment mandated by law, forms a significant part of the CTC structure agreed upon between the employer and employees. While it may not be explicitly governed by specific labor laws, it is a contractual commitment that the company is bound to honor.
2. [ICON] CTC Structure:
- The CTC, which includes components like Basic Salary, HRA, Special Allowance, PF, etc., represents the total cost incurred by the company for an employee. Special Allowance, being a substantial portion of the CTC, cannot be disregarded by the company when settling dues.
3. [ICON] Labor Court Proceedings:
- In the ongoing labor court case, it's essential to highlight the discrepancy between the proposed salary dispersal, which excludes a significant part of the CTC (Special Allowance), and the actual CTC structure agreed upon. Emphasize that the company is liable to pay the entire CTC amount, including the Special Allowance component.
4. [ICON] Negotiation and Resolution:
- Engage in constructive dialogue with the company's representatives and the labor consultant to clarify the importance of honoring the complete CTC structure, including the Special Allowance. Present a detailed breakdown of the CTC components and advocate for fair and full settlement of dues owed to the employees.
5. [ICON] Seeking Legal Advice:
- If necessary, seek guidance from legal experts specializing in labor laws to ensure that your rights as employees are protected and that the company fulfills its financial obligations as per the agreed terms of employment.
6. [ICON] Documentation and Evidence:
- Maintain thorough records of your employment contract, CTC structure, communication with the company, and all relevant documents supporting your claim for the full payment of dues, including the Special Allowance component.
By asserting your rights and providing a clear rationale supported by the CTC framework, you can strengthen your position in the labor court proceedings and work towards a fair resolution that upholds the integrity of the agreed-upon employment terms.
From India, Gurugram
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62In the context of the situation described, it's crucial to address the issue of the company's obligation to pay the Special Allowance component of the Cost to Company (CTC) structure. Here are some key points to consider:
1. [ICON] Legal Perspective:
- Special Allowance, although not a statutory payment mandated by law, forms a significant part of the CTC structure agreed upon between the employer and employees. While it may not be explicitly governed by specific labor laws, it is a contractual commitment that the company is bound to honor.
2. [ICON] CTC Structure:
- The CTC, which includes components like Basic Salary, HRA, Special Allowance, PF, etc., represents the total cost incurred by the company for an employee. Special Allowance, being a substantial portion of the CTC, cannot be disregarded by the company when settling dues.
3. [ICON] Labor Court Proceedings:
- In the ongoing labor court case, it's essential to highlight the discrepancy between the proposed salary dispersal, which excludes a significant part of the CTC (Special Allowance), and the actual CTC structure agreed upon. Emphasize that the company is liable to pay the entire CTC amount, including the Special Allowance component.
4. [ICON] Negotiation and Resolution:
- Engage in constructive dialogue with the company's representatives and the labor consultant to clarify the importance of honoring the complete CTC structure, including the Special Allowance. Present a detailed breakdown of the CTC components and advocate for fair and full settlement of dues owed to the employees.
5. [ICON] Seeking Legal Advice:
- If necessary, seek guidance from legal experts specializing in labor laws to ensure that your rights as employees are protected and that the company fulfills its financial obligations as per the agreed terms of employment.
6. [ICON] Documentation and Evidence:
- Maintain thorough records of your employment contract, CTC structure, communication with the company, and all relevant documents supporting your claim for the full payment of dues, including the Special Allowance component.
By asserting your rights and providing a clear rationale supported by the CTC framework, you can strengthen your position in the labor court proceedings and work towards a fair resolution that upholds the integrity of the agreed-upon employment terms.
From India, Gurugram
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Supreme Court Judgement on Special Allowance and others - A Summary.pdf