Dear Mr. Vargheshe,
Thank you for the time you have contributed to my query/post. As the sum total of your discussion with Mr. Madhusudhan, what I understand is you mean to convey "there is nothing much you can do and any employer/company can function without paying salary to their employees". If there is something which can be done legally, pls educate me on that. Surely, this is not fair and just, in the law of the court/country. or is it? P
Thanks & Regards
Mr. M
From India
Thank you for the time you have contributed to my query/post. As the sum total of your discussion with Mr. Madhusudhan, what I understand is you mean to convey "there is nothing much you can do and any employer/company can function without paying salary to their employees". If there is something which can be done legally, pls educate me on that. Surely, this is not fair and just, in the law of the court/country. or is it? P
Thanks & Regards
Mr. M
From India
Dear Mr. Madhu,
Thank you for your valuable time and advice. I greatly appreciate your opinions. From the conversation thread between you and Mr. Varghese, I think there is nothing much an employee of a Pvt. ltd. company in India do, when his salary is not paid for last 11 months. It shouldn't be so....can you educate more about how to go abt this situation. It's also a breach of trust, cause all the while, within these 11 months, there had been numerous communication from management that money will be paid soon, but time is going on and nothing much is happening.
Please advise...
Regards & Thank you
From India
Thank you for your valuable time and advice. I greatly appreciate your opinions. From the conversation thread between you and Mr. Varghese, I think there is nothing much an employee of a Pvt. ltd. company in India do, when his salary is not paid for last 11 months. It shouldn't be so....can you educate more about how to go abt this situation. It's also a breach of trust, cause all the while, within these 11 months, there had been numerous communication from management that money will be paid soon, but time is going on and nothing much is happening.
Please advise...
Regards & Thank you
From India
Dear Diviak,
Thank you for your appreciation. 24 years ago I worked in a pharmaceutical company based in Gujarat and operating in Andhra Pradesh. After working for sometime, when I was not paid salary and other allowances, I contested the case in the local labour court. I ran from pillar to post for justice, nothing much could be done. Finally, after many hearings, since neither the employer nor his representative attended the court proceedings, the case was pronounced ex-parte and decree was given in my favour. Even after that also, the employer bothered least to pay my dues. I had to forget the case and move on, as there was nothing could be done.
Most of the times, the aggrieved, withdraw from pursuing the matter further, due to their economic conditions and other wise, fearing the consequences. Now, even though the scenario has changed and higher echelons of judiciary are responding well to public grievances, things remain the same due to corruption in judiciary system itself. Moreover, suppose you file a case along with your colleagues against your employer, what will happen? Employer has plenty of leisure time and money and he will manage the things and you have to attend court proceedings, whenever you are summoned by the court. Can you do that? Suppose some of your colleagues collude with your employer, can you really do any thing about it? No! Take the recent case of Kingfisher Airlines! The employees have not been paid salaries for months and nothing could move the employer, in spite of the case attracting nation-wide attention! Even the courts did not interfere!
My view is not to discourage you from taking any action. Weigh pros and cons and if you had already switched to another job and your current employer is understanding and supportive, then explain the case and take his help. Discuss this case with local labour authorities, if you have a union, let the office bearers of the union handle this issue!
With regards,
Madhusudan
From India, Vijayawada
42Thank you for your appreciation. 24 years ago I worked in a pharmaceutical company based in Gujarat and operating in Andhra Pradesh. After working for sometime, when I was not paid salary and other allowances, I contested the case in the local labour court. I ran from pillar to post for justice, nothing much could be done. Finally, after many hearings, since neither the employer nor his representative attended the court proceedings, the case was pronounced ex-parte and decree was given in my favour. Even after that also, the employer bothered least to pay my dues. I had to forget the case and move on, as there was nothing could be done.
Most of the times, the aggrieved, withdraw from pursuing the matter further, due to their economic conditions and other wise, fearing the consequences. Now, even though the scenario has changed and higher echelons of judiciary are responding well to public grievances, things remain the same due to corruption in judiciary system itself. Moreover, suppose you file a case along with your colleagues against your employer, what will happen? Employer has plenty of leisure time and money and he will manage the things and you have to attend court proceedings, whenever you are summoned by the court. Can you do that? Suppose some of your colleagues collude with your employer, can you really do any thing about it? No! Take the recent case of Kingfisher Airlines! The employees have not been paid salaries for months and nothing could move the employer, in spite of the case attracting nation-wide attention! Even the courts did not interfere!
My view is not to discourage you from taking any action. Weigh pros and cons and if you had already switched to another job and your current employer is understanding and supportive, then explain the case and take his help. Discuss this case with local labour authorities, if you have a union, let the office bearers of the union handle this issue!
With regards,
Madhusudan
From India, Vijayawada
The remedy lies with the Govt.They have to;
1-Do away with the wages cap in POW Act.
2-Make the appointment letter mandatory in Factories Mines,Docks etc (by central govt) ,shops and Commerial Establishments(by the respective state govts)
3-Make suitable amendments in laws to regulate the system of notice /notice pay for all employed persons ,Bonds NDE,NCE etc balancing the interest of employers,employees .
Varghese Mathew
9961266966
From India, Thiruvananthapuram
1-Do away with the wages cap in POW Act.
2-Make the appointment letter mandatory in Factories Mines,Docks etc (by central govt) ,shops and Commerial Establishments(by the respective state govts)
3-Make suitable amendments in laws to regulate the system of notice /notice pay for all employed persons ,Bonds NDE,NCE etc balancing the interest of employers,employees .
Varghese Mathew
9961266966
From India, Thiruvananthapuram
R/sir,
pls help me i m working in small scale automobile industry whose manpower is 60.company not deduct any pf.and pay sallery in cash in hand .now i have offer from another big group but they ask about sallery slip.
which document i submit instead of sallery slip.i m working in that company almost 2.5 yrs.
company give me offer letter also sallery certificate and mention sallery 25000 pm.
please give me suggestion.
From India, Amravati
pls help me i m working in small scale automobile industry whose manpower is 60.company not deduct any pf.and pay sallery in cash in hand .now i have offer from another big group but they ask about sallery slip.
which document i submit instead of sallery slip.i m working in that company almost 2.5 yrs.
company give me offer letter also sallery certificate and mention sallery 25000 pm.
please give me suggestion.
From India, Amravati
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Amendment to Payment of Bonus Act 2015.jpg
Online payment of PF mandatory from 1.1.2016.pdf
PAYMENT OF WAGES ACT 2009.doc