Hello Members

1. Employer is paying salary as per his / her will and there is no fixed date. Company is "Limited"

2. Salaries are paid on different dates for Employees and Contract staffs. The difference in days is almost 10 days sometimes 20 days delay in releasing salaries to contract staffs


Who can handle this matter appropriately in Government also what legal action is taken in such cases

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Drsivaglobalhr
Doctor Siva Global Hr

Dear Colleague,

The Law that is governing the Payment of Wages is Payment of Wages Act 1936. The Act says that in case of less than 1000 employees employed the Wages to be paid on or before 7th of every month. In case of Contract Labour Act also the same provision applies and it is the responsibility of Contractor and Principal Employer both. If it is not done within time line, then escalations may be made to the Labour Enforcement Officer of your area or through Grievance Portal of Central Labour Department / State Labour Dept as the case may be.

Under the Payment of Wages Act : 5. Time of payment of wages.—(1) The wages of every person employed upon or in—(a) any railway, factory or [industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day,(b) any other railway, factory or ‘[industrial or other establishment], shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable:

Under the Contract Labour Act: 21. Responsibility for payment of wages.- (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor any contract as a debt payable by the contractor.

From India, Chennai

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