Faculty and Staff Unpaid for 10 Months: How Can We Urgently Address This Salary Crisis?

I am posting this on behalf of faculty and staff members of a private engineering college. The college is maintained by a family-held trust chaired by an ex-MP. The management is not paying the faculty and other staff salaries for the last ten months. Our repeated requests and representations have yielded no positive results so far. The management is postponing salary disbursement. What should we do to get our salaries? Keeping the welfare of the students in mind, we are continuing to work there. Now all our financial resources have dried up. What are our options? Kindly guide us.

Reporting Non-Payment of Salaries

Non-payment of salaries needs to be reported to the Labor Commissioner's office. I await hearing from our legal experts on how to resolve this. Were there any internal communications or memos issued regarding the delay or stating any reasons?

If your college is approved by AICTE (Regional Office and H.O. Delhi), please take up the matter with AICTE as well as the Director of Technical Education. I think this can help you.

Regards,
Ramakant

Hi, Gowramma, in your query, you stated that management is not paying salaries even after several requests but forgot to provide the reasons for it. Until you share complete details, it would not be proper to make any statements. Please complete your query with the answers and reasons given by your management.

Secondly, you mentioned that for the last 10 months, salaries have not been paid by management. What actions have you taken so far to tackle this problem, and how many members/employees are not being paid by them?

@(Cite Contribution), the query is incomplete, and no legal expert or advisor can provide any guidance until the aforementioned details are provided by Gowramma.

@Gowramma, please also share the establishment details of this private engineering college along with the location.

About the proposed action plans suggested by you:

Labour Office: You will need to file a petition or request by providing complete details of this case and reasons. It will also take some time as they have their own procedures.

Dharna, Non-cooperation: This is not a good idea as it could ultimately go against you or harm you in many ways, which would not be legal.

Legal Action, Going to Court Against Management: To take legal action, as mentioned above, you also need to file a request/petition. Before proceeding further, you have to lodge a complaint/FIR against them. This can be a good course of action because this case also pertains to violations of rules related to social rights and living. However, to take action, you also need to present complete details first on why this has happened. Therefore, I suggest you provide details to our legal experts, and they will guide you appropriately.

Reporting the Lapse to the Affiliating University: As Mr. Ramakant suggested, you can raise your concern with AICTE, which is a good idea. However, AICTE also requires you to file a petition or a report that can assist them in taking their own procedures for action against the management and initiating an inquiry into the whole case.

Now you can understand what is actually required most and how and what actions you can take.

Lastly, as you have approached and trusted us, I request you to provide complete details so that CiteLegal Experts and other respective seniors can further assist you.

Dear Gowramma and Mr. Anil Arora, this is a prevalent issue in many educational institutes where they seem to prioritize admitting students and collecting fees over providing quality education. In addition to this, there is a significant concern regarding the default in salary payments to the staff.

I commend the dedication of the staff who have continued working for over 10 months without receiving their due credit, all the while supporting the management and cooperating with the students.

There is a possibility that once the new batch of 2013-15 is admitted, payments may be released against the fees collected. However, there is a concern that this cycle may repeat itself in the future for the next academic year.

Handling the Situation with Tact and Diplomacy

It is crucial for someone to handle this situation with tact and diplomacy to prevent a recurring issue. As the Hindi saying goes, "HINDI - SAAP BHI MARE AND LATHI NA TUTE."

Ultimately, both the staff and students will continue to suffer if this issue is not addressed promptly.

Regards,
Ramakant

@Ramakant, well, if the students are enrolling themselves without proper recognition of the University and Institutions because of possible and expected financial benefits (like lower fees), I would say they are actually jeopardizing their own careers and lives.

Moreover, the respective staff members (working with an Engineering College) are complicit in this situation because they have continued their jobs for the last 10 months without taking any action to raise awareness. I believe they should have taken action, such as filing a complaint with the police against the College Authority and with the AICTE/Education Administration Authority in a timely manner. If no action has been taken, they are automatically responsible for this too, and I would say they are ruining both the students' and their own lives.

Before saying more about what the staff members of this Engineering College should have done or what they didn't do, I would like to have a response from GOWRAMMA, as the query is still incomplete (as I stated in my earlier response), which can direct this case study further appropriately.

Anil Arora has mentioned a very salient point—please provide the reasons "as given by the management" and "as per your own understanding of the situation." Frankly, you found time to express your appreciation for his and Ramakant's responses and suggestions, but didn't find the time to answer any of their queries.

Snapshot of Private Professional Colleges in Andhra Pradesh

Let me give a snapshot background of the various private professional colleges in Andhra Pradesh, applicable to at least 75-80% of them. All the colleges have AICTE recognition—otherwise, they wouldn't have received the other local governmental clearances to operate.

Most of the colleges were started during the period 2005-2010, with quite a few "hiring" faculty (rather than appointing them) for the AICTE inspection visits during the initial stages. I have seen it myself, being "requested" to handle such assignments—needless to mention, I didn't buy it. But that isn't the main story.

The governmental policies are such that these colleges are allowed to depend totally on fee reimbursement schemes (which began as a 100% reimbursement) for running the colleges, thanks to the initial policy structure formulated in 2005-2008. As everyone knows, it takes ages for any governmental funds to flow in. That's where the faculty gets hit... and pretty badly. Those living in AP would be aware of this, given that many college associations went public last year to get the fee funds released from the AP Government. I think the issue also went to the High Court of AP.

Given this scenario, I suggest the members give their opinions and advice suitably to Gowramma.

Regards,
TS

Addressing Faculty Grievances in Colleges

The matter posed by you is very painful. Teachers are not at all respected in this society. When I once mentioned this in the Faculty Forum, I was given a fool's cap. OK, it is kept aside now.

Understanding the Right Authority

The Labour Commissioner is not the right authority to take up the issue because faculty members of a college are not considered workmen as per the definitions. Laws are not designed to safeguard the interests of faculty members of a college.

Collective Action by the Teaching Fraternity

As part of the teaching fraternity, you all need to join together to meet the management, i.e., the promoter of your college, such as a Chairman, Secretary, or Correspondent, as per the nomenclature. Being educated individuals, faculty members are not expected to exhibit unruly behavior because teachers are role models and makers of society. (This may be the reason the management of colleges takes undue advantage.) Discuss the matter with clear communication by posing the problems you face on your domestic front.

Escalating the Issue

Even despite your soft approaches, if your promoter turns a deaf ear, you have no other option but to take up the matter with the University, i.e., the Vice-Chancellor or Registrar, to seek justice. Please send a registered letter to the University Grants Commission or AICTE explaining the entire episode. Inform your college promoter about your actions as mentioned above so that he understands that you are all serious about this matter.

Further Steps if Grievances Are Not Addressed

If the university authorities are not addressing your grievances, you have no alternative but to refrain from attending the college. Please do not worry about the education/students; everything has a limit. When tolerance and patience are tested, you have to take stringent measures. Also, meet the Education Minister of your state to handle this burning issue. The media may also be of help to you.

Lastly, please try to secure a job in other colleges because you know the remaining...

Regards

Apart from what our seniors had advised, I would suggest writing to or meeting the Director of Technical Education, who is directly responsible for the administrative affairs of technical institutions and appraisal for the release of grants, etc. I am sure this would help you to address your problems.

Regards.

Recovery of Wages

It appears that all your requests with management have been turned down, and as a last resort, you may have to consider the following. You should be prepared for a strained relationship with management, or else management will try to placate you with sweet talk and continue to exploit you.

Firstly, all the faculty should come together and present a formal representation to management concerning the non-payment of wages. Copies of this should be sent to:
- a) the Labour Commissioner
- b) AICTE/Education Administration Authority
- c) the Labour Minister at both the Central and State levels
- d) the Education Minister at both the Central and State levels

If these actions do not yield results, then you may need to escalate the matter to the Civil Court and Labour Court to recover the dues.

Sustaining Life

The faculty members belong to the working class. Without wages, sustaining life becomes difficult. Each individual has a family, and children who may be studying. Life will be challenging without wages. There are employers who do not care to pay despite pressure from authorities.

To sustain yourselves, finding work that provides wages is crucial. It is important for you and your colleagues to explore alternative employment options, or else life will become increasingly precarious. Failure to address this issue may lead to family disputes, where the breadwinner loses respect and peace. One can recall the tragic incident of an employee's wife at Kingfisher (the King of good times) who took her own life due to similar circumstances. Do not wait for the situation to spiral out of control. Take action promptly, as I can empathize with the pain you all are experiencing. I understand that most of you are feeling depressed, and this is indeed a challenging phase.

This is one of the options available, and you may also seek advice from other members who have contributed here.

All the best.

Every problem has underlying causes. Kindly discuss your complete query so that we can understand all aspects of the problem and suggest appropriate actions.

Questions to Consider

1. What are the staff doing if management has not given salaries for the last 10 months?
2. What is the real reason for the management not providing salaries? Is there any conspiracy at play?

Regards,

The staff has been asking for salaries repeatedly since August 2012. We have been told that the salaries will be cleared once the fee reimbursement from the government is credited to the college account. We are being persuaded to wait until the reimbursement arrives. Finally, a couple of months ago, the reimbursement was credited to the college account. However, the amount was adjusted towards the loan repayment of a scheduled bank that provided a loan to the management.

Once again, we approached the management for salaries. The management is now informing us that it is attempting to secure a loan from private parties to settle our dues. We have learned that the management is trying to sell the outfit to another party. We are uncertain whether the loan will materialize. We have no assurance regarding our pending salaries if the management successfully sells the institution. The management stands to lose nothing as property values have risen, and it will be adequately compensated for any investment made in the college.

Regards.

I understand that management is not fair with employees, playing games, and conspiring against employee benefits. My advice to you is to form a formal employee association rather than fighting individually with management. Also, keep in mind that there is no need to show off as an individual. Otherwise, management may take more aggressive actions against you. Initiate a formal conversation with management regarding your salary issues, the underlying problems, and do not forget to mention your family situation. Additionally, maintain records of all communications and share them with other employees to ensure transparency among yourselves. This will be your initial step against management, and they may attempt to break your group solidarity.

You can further submit a formal complaint regarding management behavior to the AICTE (or other relevant approval authority), the local government, file a police report (to protect yourself from any false complaints by management), the State Government Education Department or Education Minister, the Labor Commissioner, and the labor court. Seek advice from a reputable labor lawyer, preferably someone related to a colleague who is a lawyer or specializes in labor law. Give the college management a specific deadline to release your salary through the appropriate channels and document everything accordingly.

Take these steps and keep us updated on the progress of this issue.

All the Best.

Regards