Struggling to Get Unpaid Wages and Bonus? Where Can My Friend File a Complaint?

Claiming of Earned Wages and Bonus:

One of my friends is requesting his earned wages and bonus from his employer, but they are not paying him. They keep delaying on various pretexts. Where should he lodge his complaint against the employer?

Akshay Solanki

Complaints in writing should be submitted to the Labour Officer with all details under The Payment of Bonus Act, 1965 and The Payment of Wages Act, 1936.

Thank you.

Please post your query in detail. Why should the employer pay a bonus and earned wages if the employee left the organization without serving any notice and handing over charges? Who knows under what circumstances your friend has left the services?

Bonus Payment Guidelines

Bonus is payable within 8 months from the date of the close of the financial year of the company, i.e., on or before 30th November, provided that the employee's monthly Basic & DA is less than Rs. 21,000/-.

Furnish full details of Date of Joining (DOJ), Date of Leaving (DOL), and whether the notice period was served or not. His recovery may be more than the bonus amount and unpaid salary.

Regards, Suresh

Until and unless we know the complete facts, it is difficult to give views. However, an application may be submitted to the Labour authorities. Your friend can move an application under S.15(2) of the Payment of Wages Act, 1936 to the Authority under the PW Act. However, the application is to be moved within 12 months from the date on which wages became due.

Under S.21 of the Payment of Bonus Act, your friend can move an application for recovery of the bonus amount to the Authority prescribed under the Act, but the limitation is one year from the date on which it became due.

Regards, S. Sensharma Industrial Law Consultant, Meerut