Claiming Unpaid Wages And Bonus From Employer

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CLAIMING OF EARNED WAGES AND BONUS:
As one of my friends requesting for his earned wages and bonus to his employer but they are not paying the same and lingering on by one pretext or other, where should he lodge his complaint against the employer.
Akshay Solanki
Srinath Sai Ram
Complaint in writing should be submitted to The Labour Officer with all details under The Payment of Bonus Act, 1965 & The Payment of Wages Act, 1936
suresh2511
Akshay,
Pls post your query in detail.
Why the employer should pay Bonus and earned wages, if the employee left the organisation without serving any notice and handing over charges. Who knows under what circumstances your friend has left services.
Bonus is payable within 8 months from the date of close of 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 DOJ, DOL, served notice period or not? His recovery may be more than Bonus amount and unpaid salary.
Suresh
sensharma1959
Mr. Akshay
Untill 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.
S.Sensharma
Industrial Law consultant, Meerut
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