Dear,
As per the ID Act 2010 amendment, if the conciliation proceedings do not come to a conclusion after approaching the ACL, then we can go to the labour court or the ACL himself can refer this case to the labour court. Generally, it takes time when the management does not come to settle the matter; otherwise, it may be resolved as soon as possible. Please have patience until it is solved. Clear?
From India, Secunderabad
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25As per the ID Act 2010 amendment, if the conciliation proceedings do not come to a conclusion after approaching the ACL, then we can go to the labour court or the ACL himself can refer this case to the labour court. Generally, it takes time when the management does not come to settle the matter; otherwise, it may be resolved as soon as possible. Please have patience until it is solved. Clear?
From India, Secunderabad
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Hi,
I would suggest you explore the possibilities of filing an application against your employer under the Payment of Wages Act; this may be more effective and time-saving. The application is to be filed before the Authority under the PWA. The RLC Office may be able to guide you to the said authority as well as the suitability of action.
Regards,
S.K. Johri
From India, Delhi
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I would suggest you explore the possibilities of filing an application against your employer under the Payment of Wages Act; this may be more effective and time-saving. The application is to be filed before the Authority under the PWA. The RLC Office may be able to guide you to the said authority as well as the suitability of action.
Regards,
S.K. Johri
From India, Delhi
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When I approached the Labour Commissioner's Office, they said to file a complaint and they'll take care of the rest. He checked whether the company is registered or not and he took the registration number. Monday we are going to submit the complaint letter. Anyways, I will look into your suggestion. Thank you.
From India, Hyderabad
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From India, Hyderabad
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Dear Mr. Henry,
Mr. S.K. Johri has given the best suggestion to get your payment. First, file an application as per Section 15(2) of the Payment of Wages Act, which should solve your problem as well as get compensation for the undue delay, as the case may be.
It is always good to take the help of a legal practitioner since your employer will also engage someone on their behalf.
From India, Hyderabad
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Mr. S.K. Johri has given the best suggestion to get your payment. First, file an application as per Section 15(2) of the Payment of Wages Act, which should solve your problem as well as get compensation for the undue delay, as the case may be.
It is always good to take the help of a legal practitioner since your employer will also engage someone on their behalf.
From India, Hyderabad
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Hi,
I used to work in a clinical research organization as a trainee clinical research associate in Mumbai. The company was not paying the salaries on time. When I joined the company, it was assured to the trainees that your salary would be 2 weeks delayed. Despite this assurance by the HR, the salary was delayed for one month, and after that, we did not receive any salary. This same procedure has continued. Many employees left the job due to this issue, and I also gave my resignation two weeks ago.
Upon receiving my resignation, due to the shortage of employees and an overload of work, the chairperson himself made a commitment in front of all other employees. He stated that if I extended my notice period for a few more days and waited until their study is completed, he would release one salary for me along with the current working employees. A few days ago, as there was no HR available, I approached the assistant manager. Now, he is saying,
"I have talked to the chairperson, and he says he never made such a commitment. Your pending dues will be cleared along with the people who are still waiting for their salary from the last 2-3 years."
Can anyone help me or suggest to me and my colleagues what we can do to get our salary dues?
From India, Mumbai
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I used to work in a clinical research organization as a trainee clinical research associate in Mumbai. The company was not paying the salaries on time. When I joined the company, it was assured to the trainees that your salary would be 2 weeks delayed. Despite this assurance by the HR, the salary was delayed for one month, and after that, we did not receive any salary. This same procedure has continued. Many employees left the job due to this issue, and I also gave my resignation two weeks ago.
Upon receiving my resignation, due to the shortage of employees and an overload of work, the chairperson himself made a commitment in front of all other employees. He stated that if I extended my notice period for a few more days and waited until their study is completed, he would release one salary for me along with the current working employees. A few days ago, as there was no HR available, I approached the assistant manager. Now, he is saying,
"I have talked to the chairperson, and he says he never made such a commitment. Your pending dues will be cleared along with the people who are still waiting for their salary from the last 2-3 years."
Can anyone help me or suggest to me and my colleagues what we can do to get our salary dues?
From India, Mumbai
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Dear Rajgar,
From your communication, it is not clear whether you have tendered the resignation and whether the same has been accepted. If yes, please consult a lawyer and file an application under sec. 15(2) of the Payment of Wages Act.
In case you have resigned and you have not been relieved, please write to the authority concerned conveying that since you have submitted your resignation as per the rules of the company, it is not possible for you to linger on for an indefinite period either without wages or on staggered wages. Hence, you will not be able to attend your duties with effect from the relevant date, considering the resignation as effective. But beforehand, please ensure the handing over of all company items under your charge to the officer concerned, obtaining a proper receipt for the same.
S.K. Johri
From India, Delhi
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From your communication, it is not clear whether you have tendered the resignation and whether the same has been accepted. If yes, please consult a lawyer and file an application under sec. 15(2) of the Payment of Wages Act.
In case you have resigned and you have not been relieved, please write to the authority concerned conveying that since you have submitted your resignation as per the rules of the company, it is not possible for you to linger on for an indefinite period either without wages or on staggered wages. Hence, you will not be able to attend your duties with effect from the relevant date, considering the resignation as effective. But beforehand, please ensure the handing over of all company items under your charge to the officer concerned, obtaining a proper receipt for the same.
S.K. Johri
From India, Delhi
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As the commissioner has requested you to submit the documents, it would be better if you do so. You can also ask him how much time it will take to resolve the issue. Hopefully, you will receive a satisfactory answer, but make sure to continue following up with the person handling your concern and also actively search for a new job for yourself.
All the best.
From India, Lucknow
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All the best.
From India, Lucknow
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