Feeling Stuck: How Can I Resolve My Salary Dispute with My Employer?

Dear Sir,

I have worked in an Insurance Broking MNC Company for 4 months. My salary was fixed at 20800/-, but I only received 7500/- during my tenure. When I approached the Assistant Labour Commissioner and Labour Inspector, the company stated that I cannot seek their assistance as I am not covered under the Industrial Dispute Act since my salary exceeds 6500/- and my designation is Sales Manager. They are threatening and harassing me.

Please advise me on where I can go to address my grievance.

Regards,
Aseem Sharma

Dear Sir,

I have worked in an Insurance Broking MNC Company for 4 months. My salary was fixed at 20800/-, but I only received 7500/- during my tenure. I then approached the Assistant Labour Commissioner and Labour Inspector. The company is stating that I cannot approach them as I am not covered under the Industrial Dispute Act since my salary exceeds 6500/- and my designation is Sales Manager. They are threatening and harassing me.

Please advise me on where I can seek redressal for my grievance.

Regards,
Aseem Sharma

Hi,

Your company is correct in stating that, as a Managerial staff member, you do not fall under the Industrial Dispute Act. However, you should have the salary slips and the appointment letter ready, where your salary is mentioned as 20800, but you are actually being paid 7500.00. This evidence could support your legal action against your employer in a civil court.

Begin by issuing a legal notice through a lawyer. If your employer does not respond, proceed to file an appeal in civil court, presenting the facts along with your salary slips and appointment letter. While this process may take time to reach a judgment, the ruling is likely to be in your favor. You may then recover the outstanding salary amount, along with interest and court expenses.

Mohan Rao
Manager HR

Dear Sir,

Thank you for your reply. I just wanted to convey that I initially approached the Labour Inspector, who then forwarded the case to the Assistant Labour Commissioner. I filed a complaint against my employer under the Wages Act at the Assistant Labour Commissioner's office. As per your advice, I understand that I cannot approach them as I am not in a managerial capacity. Could you please advise me at this moment since my complaint is under consideration with the Assistant Labour Commissioner? In case the verdict does not come in my favor, am I allowed to proceed to the labor court or file a civil suit? Also, I seek clarification on whether pursuing a civil suit, with my previous complaint filed with the Assistant Labour Commissioner, could give my employer an advantage in civil court proceedings.

Regards,
Aseem Sharma

Hi,

You have filed a case with the Asst. Labour Commissioner's office, which is good. The verdict always will be on behalf of employees in any labor courts and even from the labor department. However, the thing is nowadays all employers use cash to influence decisions in their favor. As an employee, you may not be able to spend as much as an employer can.

Filing a civil case is always a better option as departments are not involved. Even if you are not in a managerial position, your employer is paying you Rs. 20800.00 as per your appointment letter. If the employer designates your role as a manager or a supervisor, these employees do not fall under the Industrial Dispute Act, and hence the labor department may not intervene in such cases typically.

Even if you have filed a case with the labor department, please ensure to obtain an acknowledgment from the department as proof to be submitted along with your suit filing in civil courts.

Make sure to have your wage slips and appointment letter with you. If there is a discrepancy in wages, it is illegal on the employer's part. You will likely win the case in civil courts. Best of luck.

Mohan Rao
Manager HR