Encountering non-payment of salary by employer in private companies is a challenging situation that requires a systematic approach for resolution. Employees facing this issue may explore various legal remedies to ensure fair compensation, and this issue can arise during employment or in the form of pending salary post-relieving from the company, including dues related to serving the notice period.
To navigate this issue effectively, it's crucial to be well-versed in the terms and conditions of salary payments. When joining an organisation, it is essential to have a comprehensive employment contract that delineates details such as salary breakdown, incentives, bonuses, and monthly payment terms. The contract will also specify the notice period and the timeline for disbursing the salary post notice period completion.
As a first step, initiating communication with the employer in writing is a crucial step when facing non-payment. Keeping meticulous records of all communication on emails letters, communication messages. This records can be used as evidence and important for building a case if legal action becomes necessary.
What are the acts through which an employee can claim remedy for non-payment of salary?
The Payment of Wages Act, 1936: It holds significance in regulating timely wage payments. Applicable to workers with wages not exceeding Rs 24,000 per month, the act mandates full and final settlement of wages within two working days of removal, dismissal, retrenchment, or resignation. However, the inclusion of "resignation" in this timeline may vary across states. For legal recourse, employees can file a complaint under the Payment of Wages Act, 1936, with the labor department, providing necessary documents. The department will investigate and issue orders for pending salary payments.
The Industrial Disputes Act, 1947: It contains essential provisions related to wages, offering mechanisms for fair compensation and dispute resolution. Section 33C deals specifically with the recovery of money due from an employer. Workmen can make an application to the appropriate government for the recovery of due money, with a one-year limitation from the date it became due. Filing a case under the Industrial Disputes Act, 1947, with the labor court or industrial tribunal is a viable option for addressing issues like non-payment of salary. Here's a brief overview of the process:
Preparation: Gather all relevant documents and evidence related to the non-payment of salary, such as employment contracts, pay slips, and any communication with the employer.
Lodging a Complaint: Identify the appropriate labor court or industrial tribunal based on your company's location. You will need to file a complaint or application outlining the details of your case.
Hearing: Actively participate in hearings and present your evidence to support your claim. The court will review the case and may issue a decision or order.
Follow-up: Depending on the court's decision, further actions may be required to enforce the order or reach a resolution.
Filing a complaint in the Labour Court: To file a complaint with the Labour Court, you must first identify the appropriate court or tribunal in the state where your company is located. Ensure that all complaints, appeals, claims, or other correspondence are submitted in the correct format and under the appropriate category, as only properly formatted submissions will be considered by the court. Be sure to obtain your case number once the documents have been submitted.
After the documents are accepted, the Labour Court will send a notice to the company regarding the non-payment of dues and request a formal response. The court will then verify the pending salary and issue a directive for the due amount to be paid.
In conclusion, addressing non-payment of salary requires a strategic and informed approach. Employees should be well-versed in the terms of their employment contracts, initiate clear and documented communication with employers, and explore legal remedies available under acts such as the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947. Additionally, complaints against company for not giving salary in India, company not paying salary after resignation, and employer not paying salary after resignation are all serious issues that can be addressed through these legal avenues.
Are you looking for a lawyer, connect with our team.
Also Read: Non-Payment of TDS by Employer
Comentários