Employer Not Paying Salary Since 2.5 Months

rakesh270678
Dear All,
Our company is not paying salary since 2.5 months. Reason is due to demonetization. What legal steps can be taken
Labour Law Index
This is no valid reason to stop wages. Contact your area labour inspector and lodge a complaint. He will take care of rest. Also if you are paying PF and ESI contribution, also contact enforcement officers and file a complaint there also.
riteshmaity
Depending on the nature of your employment as well as the nature of the company, you can demand salary in writing keeping an acknowledgement and then contact the office of the labour commissioner as advised above.
Demonitization cannot be a reason to withhold salary/ wages.
Apex Management
The dues towards payable wages must be paid off within seven days of the following month failing which prosecution under payment of wages can be launched against the Occupier and Manager of the factory.
You are required to submit your complaint to the management and endorse a copy of non payment to your area Inspector or Officer who will look into the matter.
P K Sharma
kannanmv
There is a recent circular from factories inspectorate that wage payments have to be credited to the respective bank account of employees. So you may ask your employer to credit wages due to your bank account. Submit a request in writing to your employer first & if he dies not respond you can take it up with labour department.
Regards
vltreddy999
Dear Concerned,
Pl approach first to your employer or hr manager and submit a request letter to release your due wages . wait for a week days and if there is no progress, then approach your concerned labor office with all your proof of employment etc.. file application for recovery of your wages . it is only my personal opinion
fc.vadodara@nidrahotels.com
As rightly mentioned by Mr. M V Kannan please check whether your employer whether your salary is credited to your Bank Account. If not please proceed with the Labour Inspector
v shakya
Dear Rakesh,
Irrespective of your designation If you do perform nature of duties out of
managerials and supervisory activities Then being eligible under workman category u/s 2(s) of ID act. 1947 can approach labour authorities in form of non
Payment of your wages/salary. However if your drawing salary is 18000 PM or less as per sec 1(6) of payment of wages act. 1936 your employer cannot fix the wages more then 1 month as per sec 4 and as per sec 5 of said act. If the employee strength is below 1000 salary must be disbursed within the next 7th after closing month if strength is exceed 1000 salary must be disbursed within the 10th days after closing month. Try to resolve this issue amicably otherwise approach your range labour commissioner on voilations of payment of wages act. 1936
if No relief there you can even file the case
U/s 33C(2) of ID act. 1947 in respect of recovery of dues?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor
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