Hi Team, My name is Suresh Kumar. I work in an IT company in Bangalore. I was recruited by the company XXX, Chennai and I am deputed to an MNC company in Bangalore. The company, i.e. XXX is not paying my salary on time. I have not got my July 2014 salary to date. I have written close to 100+ emails and I am not getting any proper reply. I am not able to reach my HR person or my manager by phone. All my calls get unanswered. I get an email once in a while stating that the salary will be credited today or tomorrow. But I have not my salary still.
Is there any way that I can take this legally on this company? Due to this, I feel very stressed and Emotionally low.
Friends, please assist.
From India, Bangalore
Is there any way that I can take this legally on this company? Due to this, I feel very stressed and Emotionally low.
Friends, please assist.
From India, Bangalore
Hello Suresh Kumar,
You mentioned that you are deputed to an MNC company in Bangalore.
Does your Reporting Manager/Person there know about your plight? If not, suggest keep him/her informed INFORMALLY....meaning verbally. DON'T send any mail or written info....not at this time at least.
Usually, the client-end Reporting Managers are cooperative about such matters--they could take-up the issue with the Payroll Company, as it's their work which would get effected.
Also, have you checked with other employees? Are you the only one with this problem OR there are others too?
If others too are facing the same problem, what's the reason(s) given by them?
Rgds,
TS
From India, Hyderabad
1641You mentioned that you are deputed to an MNC company in Bangalore.
Does your Reporting Manager/Person there know about your plight? If not, suggest keep him/her informed INFORMALLY....meaning verbally. DON'T send any mail or written info....not at this time at least.
Usually, the client-end Reporting Managers are cooperative about such matters--they could take-up the issue with the Payroll Company, as it's their work which would get effected.
Also, have you checked with other employees? Are you the only one with this problem OR there are others too?
If others too are facing the same problem, what's the reason(s) given by them?
Rgds,
TS
From India, Hyderabad
Hi TS,
Thank you for your reply. The managers in my client place know about this issue. They stated that they cannot interfere in this since this has to be dealt with my helios and matheson company. I have one of my colleague who is from the same consultancy and he is also having the same issue.
I have got an email stating that i will get my salary on or before August 22nd, but i have not received my salary,
Please let me know how to proceed further.
Regards,
Suresh Kumar
From India, Bangalore
Thank you for your reply. The managers in my client place know about this issue. They stated that they cannot interfere in this since this has to be dealt with my helios and matheson company. I have one of my colleague who is from the same consultancy and he is also having the same issue.
I have got an email stating that i will get my salary on or before August 22nd, but i have not received my salary,
Please let me know how to proceed further.
Regards,
Suresh Kumar
From India, Bangalore
Dear Suresh,
In your case more than the manpower contractor i.e. Matheson Helios, it is MNC that is at fault.
The provisions of Payment of Wages Act, 1936 and the Payment of Wages Karnataka Rules, 1963 are mutatis mutandis applicable primarily to the contractor and in case of his/her default to the principal employer.
It is the joint responsibility of the Contractor and the Principal Employer to disburse wages in time, and record the same in the ‘Register of Wages-cum-Muster Roll’, wherein either the principal employer or his authorised representative is required to certify as follows:
“Certified that the amount shown in column No ______ has been paid to the workmen concerned in my presence on date _______ at ________ am/pm”
For non-payment of salaries and wages in time, you may approach the labour officer of your area. In case if he refuses to intervene, try obtaining certificate to this effect and then send the lawyers notice.
While recommending course of litigation, I warn you to be careful of your career also. As such you are on contractor's role and in no time principal employer can fire you. Nevertheless, legally your case is strong and law is on your side. In case if you file a suit then as a punitive measure, tell lawyer to recommend termination of contractor's licence of Helios and Matheson. Let court give its verdict on that count too.
By the way, why are you hiding the name of that MNC? If that MNC does not have scruples to follow the laws of the land then should you not bring it to the notice in the public domain? Let that MNC get the taste of social media. You could have raised this post anonymously and disclosed which is that MNC.
All the best!
Dinesh V Divekar
From India, Bangalore
In your case more than the manpower contractor i.e. Matheson Helios, it is MNC that is at fault.
The provisions of Payment of Wages Act, 1936 and the Payment of Wages Karnataka Rules, 1963 are mutatis mutandis applicable primarily to the contractor and in case of his/her default to the principal employer.
It is the joint responsibility of the Contractor and the Principal Employer to disburse wages in time, and record the same in the ‘Register of Wages-cum-Muster Roll’, wherein either the principal employer or his authorised representative is required to certify as follows:
“Certified that the amount shown in column No ______ has been paid to the workmen concerned in my presence on date _______ at ________ am/pm”
For non-payment of salaries and wages in time, you may approach the labour officer of your area. In case if he refuses to intervene, try obtaining certificate to this effect and then send the lawyers notice.
While recommending course of litigation, I warn you to be careful of your career also. As such you are on contractor's role and in no time principal employer can fire you. Nevertheless, legally your case is strong and law is on your side. In case if you file a suit then as a punitive measure, tell lawyer to recommend termination of contractor's licence of Helios and Matheson. Let court give its verdict on that count too.
By the way, why are you hiding the name of that MNC? If that MNC does not have scruples to follow the laws of the land then should you not bring it to the notice in the public domain? Let that MNC get the taste of social media. You could have raised this post anonymously and disclosed which is that MNC.
All the best!
Dinesh V Divekar
From India, Bangalore
Dear Suresh,
As written in my earlier, first please approach labour officer of your area. Send lawyer's notice only if the labour officer does not intervene.
Secondly, please be cautious. You need to take care of your future employment. Generally HR professionals are conservative in India. they expect the job candidate to be docile. They frown at the job candidates who stand for their rights and go to courts.
Classic example is staffs of Kingfisher Airlines (KFA). The staffs are not paid their salaries since October 2012 yet its owner continues with swashbuckling. None of the HR organisation has come forward to the rescue of the staffs of KFA. None deemed it fit to file Public Interest Litigation (PIL) to give rightful dues of the staffs. This is a glaring example of HR's psychology in India.
Thanks,
Dinesh Divekar
From India, Bangalore
As written in my earlier, first please approach labour officer of your area. Send lawyer's notice only if the labour officer does not intervene.
Secondly, please be cautious. You need to take care of your future employment. Generally HR professionals are conservative in India. they expect the job candidate to be docile. They frown at the job candidates who stand for their rights and go to courts.
Classic example is staffs of Kingfisher Airlines (KFA). The staffs are not paid their salaries since October 2012 yet its owner continues with swashbuckling. None of the HR organisation has come forward to the rescue of the staffs of KFA. None deemed it fit to file Public Interest Litigation (PIL) to give rightful dues of the staffs. This is a glaring example of HR's psychology in India.
Thanks,
Dinesh Divekar
From India, Bangalore
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