I am an employee working in a private limited company in india, and i am seeking advice about the legal provisions for,
1.My employer is delaying my salary and it is already been late by 18 months.
2.The employer is now not willing to pay bonus , LTA , leave encashment of previous 3-4 years .although these all included in income tax calculations.
4.we are not paid salaries of october 2013 onwards , but he paid december 2014 salary.
5.The salaries are reduced to basic salary only, all benefits are withdrawn without any notice.
6.Other provisions regarding earned leave etc. are also changed without any notice.
7.Most of the employees are now not interested to continue but since lakhs of rupees are due towards the employer and not clear legal way is visible to us we are not able to leave the company.
Is there any legal provision to get the pending dues for us.
From India, Ludhiana
1.My employer is delaying my salary and it is already been late by 18 months.
2.The employer is now not willing to pay bonus , LTA , leave encashment of previous 3-4 years .although these all included in income tax calculations.
4.we are not paid salaries of october 2013 onwards , but he paid december 2014 salary.
5.The salaries are reduced to basic salary only, all benefits are withdrawn without any notice.
6.Other provisions regarding earned leave etc. are also changed without any notice.
7.Most of the employees are now not interested to continue but since lakhs of rupees are due towards the employer and not clear legal way is visible to us we are not able to leave the company.
Is there any legal provision to get the pending dues for us.
From India, Ludhiana
It is better to file suit for recovery of salary dues under summary procedure under Order XXXVII rule 2 CPC because the decree may be passed against employer summarily withoutgiving him leave to defend provided you had written agreement or letter to that effect. Even if the employer agrees to the specific amounts due, it can be recovered quickly and for rest amount he may directed to deposit in the court till suit is finalized.
Other procedure is through complaint made to inspector under Shops and establishment Act or under ID Act, if the latter is applicable.
Thanks
Sushil
From India, New Delhi
221Other procedure is through complaint made to inspector under Shops and establishment Act or under ID Act, if the latter is applicable.
Thanks
Sushil
From India, New Delhi
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Finace ministry legal provisions RTI 4.06.pdf
Amendment to Payment of Bonus Act 2015.jpg