Salary Dues Not Cleared

babisolmanraju
Dear,
As per ID act 2010 amendment it the consillation proceedings not comes to conclusion after approaching the ACL then we can go to Labour court or ACL himself refer this case to Labour court.Generally it takes time when the Management not come to settle the matter otherwise it may solve as soon as possible. Do have patience until it be solved.clear?
skjohri1
Hi,..
I would suggest you to explore the possibilities of filing an application against your employer under the Payment of Wages Act, this may be more effective and time saving. The application is to be filed before the Authority Under the PWA. The RLC Office may be able to guide you to the said authority as also the suitability of action.
Regards
S.K.Johri
henry2rhyme07
When i approached Labour Commissioner Office they said to file a complaint and we'll take care of the rest, he checked whether the company is registered or not and he took the registration number.Monday we r going to submit the complaint letter, anyways i will look into your suggestion, thank you
ziongroups
Dear Mr. Henry,
Mr.S.K.Johri, has given the best suggestion to get your payment. first file an application as per section 15(2) of Payment of wages act which should solve your problem as well as get a compenstion for the undue delay as the case may be.
It is always good to take the help of a legal practitioner since your employer will also engage some one on their behalf.
vidya.rajgar@gmail.com
Hi,

I used to work in a clinical research organisation as a trainee clinical research associate in mumbai. The company was not paying the salaries on time and when I joined the company it was assured to the trainees that your salary will be 2 weeks delayed.By assuring this thing by the HR still the salary was delayed to one month and then after that 1 salary we didnot get any salary. And still the same procedure is going on. Looking at this many left the job and same with me i gave resignation 2 weeks ago. After receiving my resignation due to shortage of employees and overload of work the chairperson himself committed in front of all other employees that if I extend my notice period for few more days and wait till their study gets completed then he will release my one salary along with the current working employees.Few days before as we have no HR i went to the assistant manager and now he is saying,

'I have talked to the Chairperson and he says he never made such commitment and you will your pending dues will be cleared along with the people who are still to get their salary from last 2-3 years.

Can anyone help me or suggest me and my colleagues what can we do to get our salary dues....
skjohri1
Dear Rajgar,
From your communication it is not clear whether you have tendered the resignation and whether the same has been accepted, if yes, please consult a lawyer and file an application under sec.15(2) of the Payment of Wages Act.
In case you have resigned and you have not been relieved please write to the authority concerned conveying that since you have submitted your resignation as per rules of the company, it is not possible for you to linger on for an indefinite period either without wages or on staggered wages. Hence will not be able to attend your duties with effect from the relevant date considering the resignation as effective. But beforehand please ensure the handing over of all company items under your charge to the officer concerned, obtaining proper receipt for the same.
S.K.Johri
couvery
As the commissioner asked to submit the documents, better if you do so. You can also ask him as how much time it will take to solve the issue hopefully you will get the satisfactory answer but make sure to continue follow up with the concern person handling your issue along with searching some good job for you.
All the best.
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