I am an employee working in a private limited company in India, and I am seeking advice about the legal provisions for:
1. My employer is delaying my salary, and it is already 18 months late.
2. The employer is now not willing to pay bonuses, LTA, and leave encashment for the previous 3-4 years, although these are all included in income tax calculations.
3. We have not been paid salaries from October 2013 onwards, but he paid the December 2014 salary.
4. Salaries have been reduced to basic salary only, with all benefits withdrawn without any notice.
5. Other provisions regarding earned leave, etc., have also been changed without any notice.
6. Most of the employees are now not interested in continuing, but since lakhs of rupees are due to the employer and there is no clear legal way for us to leave the company, we are unable to do so.
Is there any legal provision to claim the pending dues for us?
From India, Ludhiana
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1. My employer is delaying my salary, and it is already 18 months late.
2. The employer is now not willing to pay bonuses, LTA, and leave encashment for the previous 3-4 years, although these are all included in income tax calculations.
3. We have not been paid salaries from October 2013 onwards, but he paid the December 2014 salary.
4. Salaries have been reduced to basic salary only, with all benefits withdrawn without any notice.
5. Other provisions regarding earned leave, etc., have also been changed without any notice.
6. Most of the employees are now not interested in continuing, but since lakhs of rupees are due to the employer and there is no clear legal way for us to leave the company, we are unable to do so.
Is there any legal provision to claim the pending dues for us?
From India, Ludhiana
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Legal Procedures for Recovering Salary Dues
It is better to file a suit for the recovery of salary dues under the summary procedure under Order XXXVII Rule 2 CPC because the decree may be passed against the employer summarily without giving him leave to defend, provided you have a written agreement or letter to that effect. Even if the employer agrees to the specific amounts due, it can be recovered quickly, and for the remaining amount, he may be directed to deposit it in court until the suit is finalized.
Another procedure is through a complaint made to the inspector under the Shops and Establishment Act or under the ID Act, if the latter is applicable.
Thanks,
Sushil
From India, New Delhi
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225It is better to file a suit for the recovery of salary dues under the summary procedure under Order XXXVII Rule 2 CPC because the decree may be passed against the employer summarily without giving him leave to defend, provided you have a written agreement or letter to that effect. Even if the employer agrees to the specific amounts due, it can be recovered quickly, and for the remaining amount, he may be directed to deposit it in court until the suit is finalized.
Another procedure is through a complaint made to the inspector under the Shops and Establishment Act or under the ID Act, if the latter is applicable.
Thanks,
Sushil
From India, New Delhi
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Finace ministry legal provisions RTI 4.06.pdf