If an employee is not paid for 14 months and has been asked to cease his services without any prior notice, and if his dues are still not settled for 4 months after halting his services, what are the legal consequences for the company to bear if the employee takes the matter to the labor court?
From India, Pune
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From India, Pune
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If an employer does not pay for two or three months, why should an employee attend work? They could have stopped attending work.
The employee can either approach the Payment of Wages Authority, which is typically within the Labour Department, and request intervention.
From India, Chennai
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379The employee can either approach the Payment of Wages Authority, which is typically within the Labour Department, and request intervention.
From India, Chennai
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Legal Resources for Unpaid Employees
You have the following resources:
1) Under the Shops and Establishment Act, lodge a complaint with your Labour Department.
2) Under the Payment of Wages Act, lodge a complaint with the Labour Department.
3) If there are more people like you, join with them and launch a semi-class action suit in the labor court under the Industrial Dispute Act.
4) You have worked for 14 months, so you are eligible for a bonus under Section 8 of the Bonus Act. Again, launch a complaint in the labour department. But see Section 1 of the Bonus Act for the eligibility of your company.
5) Find a trade union for support. Use them. For Trade Union laws, registration, returns, and procedure, see http://tradeunionindia.blogspot.in.
6) Launch a civil suit under the Indian Contract Act for non-payment.
Leave a comment if there is anything more.
Regards
From India, Kolkata
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You have the following resources:
1) Under the Shops and Establishment Act, lodge a complaint with your Labour Department.
2) Under the Payment of Wages Act, lodge a complaint with the Labour Department.
3) If there are more people like you, join with them and launch a semi-class action suit in the labor court under the Industrial Dispute Act.
4) You have worked for 14 months, so you are eligible for a bonus under Section 8 of the Bonus Act. Again, launch a complaint in the labour department. But see Section 1 of the Bonus Act for the eligibility of your company.
5) Find a trade union for support. Use them. For Trade Union laws, registration, returns, and procedure, see http://tradeunionindia.blogspot.in.
6) Launch a civil suit under the Indian Contract Act for non-payment.
Leave a comment if there is anything more.
Regards
From India, Kolkata
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