Employer is not denying but not paying salary
1 month ago
Dear Sir,
I resigned from my post on 18th November, and served 1 month notice period too. But my employer have not paid my salary for the month of November as well as December. I am not bother about December because there was no work to do. But I was still going to the office. But he is not paying November salary. He is not denying to pay, He said, he will do after 45 days, later he said 90 days and now it is more that 100 days. He asked me to come to the office to take payment but office was closed. He asked me to call me on particular time, He didn't responded and now he is not responding my calls and messages. Please guide me what should I do?
Thank you.
An employee is entitled to receive remuneration for the duration of their employment, irrespective of the company's profit or loss, as long as they contribute their skills and labor to the company. Upon resignation, following the terms of employment, including serving the notice period, the employee is eligible for a full and final settlement, which includes arrears of salaries or wages, along with other service-linked benefits such as gratuity, PF, and leave encashment, subject to their eligibility.
If the company denies a legitimate claim, the employee can raise a dispute based on unfair labor practices before the concerned Labour Commissioner for redressal, provided they qualify as a workman under Sec. 2(s) of the Industrial Dispute Act, 1947. Alternatively, if the employee holds a managerial or administrative position in the company, they may need to file a civil suit to recover their dues from the employer.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
An employee is entitled to get remuneration for the days/period he is in employment and contributed his skill and labour for the growth and gain of a company regardless of the profit or loss of the Company. So, on cessation of employment through resignation following the terms of employment, i.e serving a notice period post-resignation, an employee is entitled to receive full and final settlement dues including arrears of salaries/wages along with other service-linked benefits like gratuity, PF, leave encashment subject to his eligibility. If the company denies a legitimate claim of an employee, he can raise a dispute against the Company on the ground of unfair labour practice before the concerned Labour Commissioner for redressal provided he is a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. The employee can apply to the concerned Labour Court under Sec.33C(2) of the I D Act claiming his full and final dues receivable from the Company on resignation. Otherwise, if the employee holds the position of Manager or Administrator in the Company, he has to file a civil suit for recovery of his dues from the employer/Company.
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