Hi...
I got selected one company and they promised me they are going to pay 17000 per month for the same I received offer letter. I started going office then only I came to know they did not have any project to do so I asked them when they will get project they said within week and asked me to teach freshers about the job. I teach them for 1 month after that one day the company MD came and said that they did not got the project and asked me to work in BPO job that they have in night shift for that I did't agree so they said okay u can go home once we got the project we will inform. They also promised they will may my 1 month salary as per offer letter but after leaving that company they not paid my salary after 3 months gone.. Please help me there is any chance to get my salary or not??. If any means please guide me how to get that salary.
From India, Bengaluru
I got selected one company and they promised me they are going to pay 17000 per month for the same I received offer letter. I started going office then only I came to know they did not have any project to do so I asked them when they will get project they said within week and asked me to teach freshers about the job. I teach them for 1 month after that one day the company MD came and said that they did not got the project and asked me to work in BPO job that they have in night shift for that I did't agree so they said okay u can go home once we got the project we will inform. They also promised they will may my 1 month salary as per offer letter but after leaving that company they not paid my salary after 3 months gone.. Please help me there is any chance to get my salary or not??. If any means please guide me how to get that salary.
From India, Bengaluru
You can issue them a letter threatening legal action if you are not paid salary within a week thereof. Mark a copy thereof to the local office of Labour Department. If still they don't pay you, submit your representation and take up the matter formally with the Labour Officer .
From India, Mumbai
1534From India, Mumbai
Hi
In your case the employer has denied your salary and delayed. As such, firstly you have to raise a Demand of Justice claiming salary for the period you have worked and also claim ten times of the salary as compensation with the employer and give them reasonable time (one month is a reasonable Time). You also mention that they do not pay you will be compelled to approach the legal forum at their risk and consequences.
If they do not respond you may then approach the Labour Commissioner and claim your salary + ten times of the salary due as compensation.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
From India, Kolkata
In your case the employer has denied your salary and delayed. As such, firstly you have to raise a Demand of Justice claiming salary for the period you have worked and also claim ten times of the salary as compensation with the employer and give them reasonable time (one month is a reasonable Time). You also mention that they do not pay you will be compelled to approach the legal forum at their risk and consequences.
If they do not respond you may then approach the Labour Commissioner and claim your salary + ten times of the salary due as compensation.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
From India, Kolkata
Yes
It is. Another example fo r cheating by employers of fake companies.issuing appointment orders..In campus selections. ..When the employee goes there there is nothing job like you.
Here All I.T companies one fine day got exemptions from All Labour Acts in a soft corner mood of Govt.to encourage ITsector establishment...Some people misuse like this.
You have done nothing there on part of ur job duties
No legal bindover to ITsector except some little exemption s. So You could do nothing via labour acts.
Only can proceed for put a cheating case in the public court.
You have not lost anything except time and hope for future.
Issue A lawyer notice in the above grounds.
If not turned up leave it .As we dont want lose ur precious further time.though it is a fit case for non payment of salaries and cheating case.Choose well to prfer new job in another standard company
From India, Nellore
It is. Another example fo r cheating by employers of fake companies.issuing appointment orders..In campus selections. ..When the employee goes there there is nothing job like you.
Here All I.T companies one fine day got exemptions from All Labour Acts in a soft corner mood of Govt.to encourage ITsector establishment...Some people misuse like this.
You have done nothing there on part of ur job duties
No legal bindover to ITsector except some little exemption s. So You could do nothing via labour acts.
Only can proceed for put a cheating case in the public court.
You have not lost anything except time and hope for future.
Issue A lawyer notice in the above grounds.
If not turned up leave it .As we dont want lose ur precious further time.though it is a fit case for non payment of salaries and cheating case.Choose well to prfer new job in another standard company
From India, Nellore
Dear P.S.Lakshmanan ji,
You have advised the queriest to approach the Labour Commissioner if his company do not respond him and claim the salary + ten times of the salary due as compensation.
Sir, may I request you to kindly give the relevant provisions under the law varbatim?
From India, Mumbai
You have advised the queriest to approach the Labour Commissioner if his company do not respond him and claim the salary + ten times of the salary due as compensation.
Sir, may I request you to kindly give the relevant provisions under the law varbatim?
From India, Mumbai
The case for delayed or non-payment of wages, claimant can approach the inspector declared by the appropriate Governement.
The court may direct for penalty or mulitiple of claim or interst on delayed payment to settle the claim. Till date the court (HC & SC) has awarded order to pay the claim with intereest.
From India, Mumbai
The court may direct for penalty or mulitiple of claim or interst on delayed payment to settle the claim. Till date the court (HC & SC) has awarded order to pay the claim with intereest.
From India, Mumbai
Such Fly-by-night operators vanish overnight. They set up a rented office for a project. Everything is rented including PCs. Once they know that the project is not coming, they will abandon everything, including not paying the rent and vanish. Whatever case you want to file, the notice may not get served at all !!! One has to be careful about joining such companies. In our desperation to get a job, we are ready to compromise, without even checking the background and antecedents of the company.... Trust and Honesty are two words, you may not find even in English dictionary these days !
Best wishes
From India
Best wishes
From India
Dear ANNONYMOUS Friend,
You asked for help. Our learned member and Super Moderator KK!HR responded you spontaneously and correctly. You are advised to go ahead as per it.
Now I want to discuss something we can call it academic. I want to discuss on salary claim with ten times of the salary due as compensation as envisaged by one of the learned members of forum Shri. P.S.Lakshmanan.
Section 15 of the Payment of Wages Act deals with claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
Sub section 3 of this section says that when any application for refund deduction or delay payment is entertained by the authority, the authority shall hear the applicant and the employer, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees.
This maximum ten times compensation is applicable in refund of deduction cases and not in delay payment. Further, the claim for compensation at maximum 10 times is totally misconceived in as much as such compensation is not mandatory to be granted by the authority. It is discretionary and subject to the facts and circumstances of each case. It is in form of penalty.
Hope my point of view is well taken by the learned members.
From India, Mumbai
You asked for help. Our learned member and Super Moderator KK!HR responded you spontaneously and correctly. You are advised to go ahead as per it.
Now I want to discuss something we can call it academic. I want to discuss on salary claim with ten times of the salary due as compensation as envisaged by one of the learned members of forum Shri. P.S.Lakshmanan.
Section 15 of the Payment of Wages Act deals with claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
Sub section 3 of this section says that when any application for refund deduction or delay payment is entertained by the authority, the authority shall hear the applicant and the employer, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees.
This maximum ten times compensation is applicable in refund of deduction cases and not in delay payment. Further, the claim for compensation at maximum 10 times is totally misconceived in as much as such compensation is not mandatory to be granted by the authority. It is discretionary and subject to the facts and circumstances of each case. It is in form of penalty.
Hope my point of view is well taken by the learned members.
From India, Mumbai
Dear Keshavji
I have advised the queriest based on my memory and past experience. I have, two decades ago, handled such a case where few workmen was denied their wages and initiated a proceeding under The West Bengal Shops and Establishment Act and The Payment of Wages Act. The dispute raised was denied wages and not delayed wages.
In this case, at the time of reconcile, the Management agreed to pay the wages, interest also three months wages as compensation and the matter was settled.
You will agree with me that in the instant case of the queriest the issue is not delayed payment of wages but the denied payment of wages.
There exists a difference between "DENIED WAGES" & "DELAYED WAGES".
I may be corrected by senior members, if I am wrong.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
.
From India, Kolkata
I have advised the queriest based on my memory and past experience. I have, two decades ago, handled such a case where few workmen was denied their wages and initiated a proceeding under The West Bengal Shops and Establishment Act and The Payment of Wages Act. The dispute raised was denied wages and not delayed wages.
In this case, at the time of reconcile, the Management agreed to pay the wages, interest also three months wages as compensation and the matter was settled.
You will agree with me that in the instant case of the queriest the issue is not delayed payment of wages but the denied payment of wages.
There exists a difference between "DENIED WAGES" & "DELAYED WAGES".
I may be corrected by senior members, if I am wrong.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
.
From India, Kolkata
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