Dues Need To Be Paid By Employee

Salary is not the main criterion for deciding whether an employee falls under the definition of workman or not. It is the functional authorities that he enjoys that decides it. Therefore, an employee who is not having any right to appraise a subordinate employee, sanction leaves to subordinates or initiate disciplinary action against subordinates is a workman and not a manager/ supervisor though he is designated as manager or his salary is very high.
Regards,
Madhu.T.K

Hi All,
I got a querry to related to my friend working in Mnc he worked for less than 1yr. He didnt went for work for 3months but got salary and now the company has done system exit for him but for relieving asking him to pay back 3months salary he recieved.
But during that period he didnt receive any mail or call from company.
Please guide what should he do, will he need to payback or can he ask the company to recruit him back for 3months.
Please suggest

Morally he is liable to pay back the salary received by him for the days (3 months) he remained absent. It was by mistake that the company paid it. Therefore, he should pay the amount back and get relieved. Since he has played a foul game, the company has no obligation to recruit him back. Since he has worked for less than a year and perhaps not confirmed in service, there is no question of notice or mail asking him to resume duty. After all it is a case of absconding and collecting money fraudulently. Then how can he ask the company to recruit him back. No scope. He has cheated the company by receiving salary without attending to duty. Being a good employee he should have refunded it when he got the first salary itself
Madhu.T.K

Hi Madhu,
Thanks for the reply but what if he cant can the company take any legal action against him?? Becoz he is not working anywhr currently due to his dad accident.
Any helpfull suggestion from employee point??

Whether the company can take legal action or not is not the question. Can an employee or any person take ownership of a wealth on which he has no right is the question. If the company cannot take legal action, can the employee take it? Now, if the company has not paid the dues payable to an employee (ie, just opposite of what has happened), what will be the reaction of the employee? he will sue the employer and collect it any how. Similarly, the company can also recover it. Whether he is working elsewhere or not is immaterial, but he should give the money back.
Madhu.T.K

Broadly speaking a workman under the ID act depends on his nature of job not the designation. A person without a managerial and/ or supervisory capacity (i.e. power to appoint, terminate, issue charge sheet, sign cheque, supervise subordinates/ juniors etc) are treated as workman under the ID Act. E.g. pilots are workmen under industrial disputes act.
It is the nature of work and not the designation that defines a workman.
Please check my blog www.labourlawhub.com for more info.