My sister's salary has been unethically held by her last firm.
Few months back, she had joined an interior designing firm. The company had not given her any Appointment Letter and the salary would be given by cash. The long and inhuman working norms at her office had started causing severe back problems because of which she had no option but to resign (since there was no appointment letter there was no agreement or clause regarding the serving of notice period).
She informed them on 6th October about her intention to leave on 8th October.
Now her salary for the Month of September and one week of October has been put on hold. They have told her that her salary would be released only when they are able to find a new person in her place and when the project that she had been working on is completed by the new person.
There is no set time period in which the full and final settlement would be made and if there condition was to be followed it could take a month or even an year. And seeing there unethical behaviour i have my serious doubts whether they would release the salary at all.
I would be highly obliged if you could help with this matter and provide the necessary guidance regarding the legal actions that can be taken in this case.
From India, Dehra Dun
1Few months back, she had joined an interior designing firm. The company had not given her any Appointment Letter and the salary would be given by cash. The long and inhuman working norms at her office had started causing severe back problems because of which she had no option but to resign (since there was no appointment letter there was no agreement or clause regarding the serving of notice period).
She informed them on 6th October about her intention to leave on 8th October.
Now her salary for the Month of September and one week of October has been put on hold. They have told her that her salary would be released only when they are able to find a new person in her place and when the project that she had been working on is completed by the new person.
There is no set time period in which the full and final settlement would be made and if there condition was to be followed it could take a month or even an year. And seeing there unethical behaviour i have my serious doubts whether they would release the salary at all.
I would be highly obliged if you could help with this matter and provide the necessary guidance regarding the legal actions that can be taken in this case.
From India, Dehra Dun
First send a Legal Notice and on failure you can follow it up with an application to the Local Appropriate Authority under the Payment of Wages Act as extracted below:
Form of Individual Application
[See sub-section (2) of section 15 of the Payment of Wages Act]
In the Court of the Authority appointed under the Payment of Wages Act, 1936 (4 of 1936) for .. area.
Application No. .. of .
Between A.B.C. .. Applicant (through a legal practitioner/an official of .. which is a registered Trade Union.)
And X.Y.Z opposite party:
The applicant states as follows:
1. A.B.C. is a person employed in the/on the factory/railway/industrial establishment entitled and resides at ..
The address of the applicant for the service of all notices and processes is:
2. X.Y.Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processes is: ..
3. (1) The applicants wages have not been paid for the following wage-period(s) .(give dates)
Or A sum of Rs .. has been unlawfully deducted from his wages of amount for the wage-period(s) which ended on (give dates)
(2) [Here give any further claim or explanation].
4. The applicant estimates the value of the relief sought by him at the sum of Rs
5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for
(a) Payment of delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.
Or Refund of the amount illegally deducted.
(b) Compensation amounting to
The Applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.
Signature or thumb impression of the
employed person, or legal practitioner or official
of a registered trade union duly authorized.
rajanlawfirm
Pls see https://www.citehr.com/285737-legal-...-industry.html
From India, Madras
Form of Individual Application
[See sub-section (2) of section 15 of the Payment of Wages Act]
In the Court of the Authority appointed under the Payment of Wages Act, 1936 (4 of 1936) for .. area.
Application No. .. of .
Between A.B.C. .. Applicant (through a legal practitioner/an official of .. which is a registered Trade Union.)
And X.Y.Z opposite party:
The applicant states as follows:
1. A.B.C. is a person employed in the/on the factory/railway/industrial establishment entitled and resides at ..
The address of the applicant for the service of all notices and processes is:
2. X.Y.Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processes is: ..
3. (1) The applicants wages have not been paid for the following wage-period(s) .(give dates)
Or A sum of Rs .. has been unlawfully deducted from his wages of amount for the wage-period(s) which ended on (give dates)
(2) [Here give any further claim or explanation].
4. The applicant estimates the value of the relief sought by him at the sum of Rs
5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for
(a) Payment of delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.
Or Refund of the amount illegally deducted.
(b) Compensation amounting to
The Applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.
Signature or thumb impression of the
employed person, or legal practitioner or official
of a registered trade union duly authorized.
rajanlawfirm
Pls see https://www.citehr.com/285737-legal-...-industry.html
From India, Madras
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