Dear all, please advise me on what options are available to employees if a private limited company in Delhi does not pay salaries for a long time. Can engineers and managers sue the company in the labor court?
No, managers come under the purview of the labor court. They are not considered workmen as defined in The Industrial Disputes Act, 1947. They have the option to approach the civil court against their employer.
The definition is correct as given by you. By approaching the local authorities, they will guide you better regarding the proceedings and the methods for moving forward. Simply, you cannot hire an advocate and fight.
Importance of Approaching Local Labor Authorities
When managers are facing problems, how can the people under them be safe? Going to the labor authority will delve deeper and bring benefits to all the workers. That is why you have to approach the local labor body first. This action itself will create fear in the employer, and they will immediately come up with alternatives and solutions.
If the managers are not paid a salary or if there has been any ill-treatment against service conditions, they can raise it as a breach of contract in a civil court, although they may not find any recourse in the Labour Court.
As per the recent amendment to the ID Act, the ceiling has been increased to Rs 10,000/-. The legal distinction between "supervisory" and workmen is a very thin line.
In case you send a legal notice, the employer may pay up. You can consider that option before venturing into any litigation.
Regards,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: [Email Removed For Privacy Reasons]
Mobile: [Phone Number Removed For Privacy Reasons]
Yes, managers are kept out of the definition of WORKMEN, but it is really considered if they are getting a salary below ₹10,000/-. They shall be treated as workmen by the new amendment as stated by VS Rajan. Otherwise, they have to proceed with a civil suit, which takes a lot of time. Another option is a speedy court.
First, the case is filed in the regular court, and if needed, it is transferred by the District Judge.
Regards
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute