Salary Payments Stopped

Balaji_hyd
Dear Seniors

I am working with a construction firm in Hyderabad. The firm is basically a small sized organisation. The management has slowly delayed the payment of salaries on time and now has completely stopped the payment of salaries. In fact the management is considering to pay some advances at their will and wish. There are no systems and any suggestions on best practices are not appreciated. The system is purely biased and only a few people clearly have the undoubted management support.

I am working as an HR Manager in this firm and the management has decided to withhold my salary completely. Upon approaching the management for advances, the management has cited financial crises as the main reason for not releasing salaries. Some of my colleagues have received their salaries upto Sep, 2012 and some of us have not been paid any salaries since Sep, 2012. The management has indicated us clearly to leave the organisation or suffer the pain of working without salaries. In the event of leaving the organisation at this point of time, there seems rare possibility to receive the remaining amount. Should I continue to drag my feet in this Organisation or part away forftting my salary. Is there any ways to recover my salary the legal way.
Sharmila Das
Dear Balaji_Hyd,
It would be rather tougher for you to drag some more time in an Organization that does not care for its employees. Do not heave but you may file a case in the civil court where the company or the organization is located. You will have to consult a Lawyer/ Attorney and seek his advice. Then you may hire him if its too complicated; explain him everything and he will inturn work step by step like preperation of memo letter to the employer after an appeal in the court. The Palintiff (yourself) will be casing on the Respondent (The employer) for hearing. This is a rapid way if you'd like to proceed legally by filing a suit.
Apart from that you may also approach the competent authorities (Labour officer) to solve dispute or a conciliation officer.
P.S: If you thought of going legally you have to make sure to file case within 2 years from the last day of your work or the time you get relieved from the organization.
consultme
It is a big risk to continue working with a company, which is not giving proper justifications for stop payment. Because, being the HR Manager, you are the face of the management as far as salary and other employee benefits are concerned. Also if you are acting as authorized signatory for statutory formalities, take immediate steps
to get a clarity interms of contributions.
Parallel to this, launch your resume across resume databases, do good networking and try to bag a suitable opportunity ASAP.
Balaji_hyd
Dear Seniors,
PF & Professional Tax payments are being made on time by the employer. However the employer is sending clear indication to us for leaving the organisation. If we look into the financial health of the company it is good enough but it is just that the money is locked in Bank Gurantees that have been given to various governments for baging tenders.
Please tell me a method to take my salary before leaving the organisation. I am least interested to go into a leagal battle as it is a waste of time and money.
Sharmila Das
Dear Mr. Balaji_Hyd,
The best opt out for you at the moment is to approach a conciliation/ labour officer for best advice on how to get your salary back. Do not wait for time; consult first and see what should be the slant to next step.
consultme
If you are getting clear indication to leave the organization, find a new job ASAP and stay with the current company, till then
Tender your resignation, get leaving papers and go ahead.
Your pending salary and actual settlement shall be the last priority - this is my recommendation
Ankita1001
An employer can't stop PF so PF would be transferred to your accounts regularly. Similar way, PT has to be paid and hence those deductions would be there.
As you said most of the company's fund is locked as guarantee somewhere I hope you're aware, those can't be broken or get back to pay salaries to the employees... If top management is giving clear indications of financial crisis that the company is facing, appreciate the openness and take the advice. Keep looking for jobs and switch. Wish you luck.
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