I have been working in this organisation for about 9 months. I have only received salary of two months.
My company has not paid salaries for the last 7 months. They are saying they are having a financial crunch and will pay once they get money from the customers. This is for all of the employees working in this organisation.
I have sent multiple mails asking for clarification on the salary delay, and a lot of my colleagues have too, but all we get in return is some lame reason and a false date for disbursement of salaries, the day comes but the salary does not.
They generate payslips however duly every month end.
Two things I want to know:
1. Is there a legal avenue I can pursue to resolve this? Have there been any similar past incidents that have been resolved through legal action?
2. Can being associated with this company for longer than this cause problems with my career going forward? I have heard the HR of the company is also shutting down and I am worried what if I can't get paperwork after I leave.
Thanks
From India, New Delhi
My company has not paid salaries for the last 7 months. They are saying they are having a financial crunch and will pay once they get money from the customers. This is for all of the employees working in this organisation.
I have sent multiple mails asking for clarification on the salary delay, and a lot of my colleagues have too, but all we get in return is some lame reason and a false date for disbursement of salaries, the day comes but the salary does not.
They generate payslips however duly every month end.
Two things I want to know:
1. Is there a legal avenue I can pursue to resolve this? Have there been any similar past incidents that have been resolved through legal action?
2. Can being associated with this company for longer than this cause problems with my career going forward? I have heard the HR of the company is also shutting down and I am worried what if I can't get paperwork after I leave.
Thanks
From India, New Delhi
If you are a workman under ID Act, move to Labour directorate of the State and register grievance.
If you are a management staff then search for a new job as early as possible and leave the organization.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
336If you are a management staff then search for a new job as early as possible and leave the organization.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
Hi,
Regarding your first question, there may be legal avenues to pursue in this case. Nonpayment of wages is generally considered a violation of labor laws in most jurisdictions. I would recommend consulting an employment lawyer who can advise you on your rights and options for recovering the owed compensation. They may be able to provide insights into similar past cases and the potential outcomes of legal action.
As for your second question, an extended period of nonpayment from an employer can certainly raise questions and concerns for future job prospects. Prospective employers may wonder about the circumstances and could be hesitant to hire someone associated with a company that appears to be in financial distress. However, I would encourage you to be proactive in highlighting your skills, experience, and professionalism throughout the job search process. Emphasize your dedication to your work and the steps you have taken to address the salary issue.
Regarding the potential HR shutdowns, it is understandable to be concerned about obtaining necessary paperwork. I would recommend reaching out to the HR department as soon as possible to request copies of your employment records, such as pay stubs, W-2 forms, and any other relevant documentation. This will help ensure you have the necessary information to support your employment history and financial records, should you need to provide it to future employers.
Thanks
From India, Bangalore
Regarding your first question, there may be legal avenues to pursue in this case. Nonpayment of wages is generally considered a violation of labor laws in most jurisdictions. I would recommend consulting an employment lawyer who can advise you on your rights and options for recovering the owed compensation. They may be able to provide insights into similar past cases and the potential outcomes of legal action.
As for your second question, an extended period of nonpayment from an employer can certainly raise questions and concerns for future job prospects. Prospective employers may wonder about the circumstances and could be hesitant to hire someone associated with a company that appears to be in financial distress. However, I would encourage you to be proactive in highlighting your skills, experience, and professionalism throughout the job search process. Emphasize your dedication to your work and the steps you have taken to address the salary issue.
Regarding the potential HR shutdowns, it is understandable to be concerned about obtaining necessary paperwork. I would recommend reaching out to the HR department as soon as possible to request copies of your employment records, such as pay stubs, W-2 forms, and any other relevant documentation. This will help ensure you have the necessary information to support your employment history and financial records, should you need to provide it to future employers.
Thanks
From India, Bangalore
I have always been surprise when I see people have worked for months and months without pay.
My suggestion is that you leave with immediate effect. There is very little chance of you getting salary by staying.
You can go and file a compliant with the labour commissioner. If you are a manager, they are unlikely to help you. But then the only way is to fight it in court (which is expensive and probably will not give you result for years and years and years).
Will this affect your career?
Probably, because when the next company tries to do a BGV, they will not get a response and may consider this a fake experience.
From India, Mumbai
My suggestion is that you leave with immediate effect. There is very little chance of you getting salary by staying.
You can go and file a compliant with the labour commissioner. If you are a manager, they are unlikely to help you. But then the only way is to fight it in court (which is expensive and probably will not give you result for years and years and years).
Will this affect your career?
Probably, because when the next company tries to do a BGV, they will not get a response and may consider this a fake experience.
From India, Mumbai
Payment of wages to a workman is a statutory right both under the erstwhile Payment of Wages Act 1936, as well as Code on Wages Act. Financial hardships cannot be a ground for the company to delay your wage payments. You can complain to the Labour Commissioner. Though you can resign(as an alternative option) your next company will ask for your last payslip & this incident will show.
For any legal advise on subject, you can email: lexloretta2023@gmail.com. However all consultations are paid for.
Regards
Lex Loretta
From India, New Delhi
For any legal advise on subject, you can email: lexloretta2023@gmail.com. However all consultations are paid for.
Regards
Lex Loretta
From India, New Delhi
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