Salary issue
3 weeks ago
Can my wife stand for me and talk to police or lawyer if my company is refusing to pay my dues on time... Can she lead the conversation... Would it be a problem.. how long does it take to file a legal notice... Also does FIR needs to be lodged first
A.Dear Client,
If an employee's salary is withheld without valid reason, it constitutes unfair labor practice under Sec.2(ra) of the Industrial Dispute Act, 1947. In such a scenario, if the individual is classified as a workman, they should serve a legal notice to the company and then approach the Labour Commissioner or Inspector of Shops and Establishment to file a complaint. Additionally, they can file an application under section 33C(2) of the Industrial Dispute Act at the Labour Court to claim dues upon resignation. Conversely, if the individual holds a managerial or administrative position, they would need to file a civil suit in the Civil Court for relief. If the employee's wife is knowledgeable about the subject matter and authorized by the employee, she can represent the case before the relevant Authority/Tribunal.
If an employee's salary is withheld without valid reason, it constitutes unfair labor practice under Sec.2(ra) of the Industrial Dispute Act, 1947. In such a scenario, if the individual is classified as a workman, they should serve a legal notice to the company and then approach the Labour Commissioner or Inspector of Shops and Establishment to file a complaint. Additionally, they can file an application under section 33C(2) of the Industrial Dispute Act at the Labour Court to claim dues upon resignation. Conversely, if the individual holds a managerial or administrative position, they would need to file a civil suit in the Civil Court for relief. If the employee's wife is knowledgeable about the subject matter and authorized by the employee, she can represent the case before the relevant Authority/Tribunal.
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A.Dear Client,
Non-payment or withholding of the salary of an employee without any valid reason amounts to unfair labour practice on the part of the Company as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 and there is no role of police or FIR to play in the matter. In the given scenario, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the concerned Labour Commissioner or the Inspector of Shops and Establishment to file a complaint against the Company over alleged unfair labour practices and file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on resignation. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. If your wife is conversant with the subject matter, then subject to your authorization, she can represent your case before the Authority/Tribunal. If required, you can take the service of an Advocate to resolve the issue in the right way.
Non-payment or withholding of the salary of an employee without any valid reason amounts to unfair labour practice on the part of the Company as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 and there is no role of police or FIR to play in the matter. In the given scenario, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the concerned Labour Commissioner or the Inspector of Shops and Establishment to file a complaint against the Company over alleged unfair labour practices and file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on resignation. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. If your wife is conversant with the subject matter, then subject to your authorization, she can represent your case before the Authority/Tribunal. If required, you can take the service of an Advocate to resolve the issue in the right way.
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