Dear Seniors, One of my friends was working with a Manpower service provider. They have been indulged in the skill development program and registered under the trust.
During the covid also his services were used and were in WFH. But as the new letter from MHA came in the month of May 2020 June, the employer sent a mail on 20 June '2020, that as per the discussion in March 2020 there Is on no work no pay. when there was no such discussion.
Salary had been not paid since April 2020 and the pay cycle was from 210 to 20 each month.
What can be done and how? Kindly suggest.
From India, Patna
1During the covid also his services were used and were in WFH. But as the new letter from MHA came in the month of May 2020 June, the employer sent a mail on 20 June '2020, that as per the discussion in March 2020 there Is on no work no pay. when there was no such discussion.
Salary had been not paid since April 2020 and the pay cycle was from 210 to 20 each month.
What can be done and how? Kindly suggest.
From India, Patna
Dear Nitesh,
What is the designation of your friend? How many subordinates reported to him?
If no subordinates reported to him then provisions of the Industrial Dispute Act, 1947 are applicable to him. Under the provisions of this act, he can file a complaint in the labour office under whose jurisdiction your friend's company into. Let him written application for the non-payment wages.
Your friend is eligible to get salary till he was officially on the rolls of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
What is the designation of your friend? How many subordinates reported to him?
If no subordinates reported to him then provisions of the Industrial Dispute Act, 1947 are applicable to him. Under the provisions of this act, he can file a complaint in the labour office under whose jurisdiction your friend's company into. Let him written application for the non-payment wages.
Your friend is eligible to get salary till he was officially on the rolls of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
The poster should answer the queries raised by Mr.Dinesh. Only his answer would enable anyone to suggest the right course of remedial action.
From India, Salem
From India, Salem
Dear Sir,
Sorry for replying late.
The friend was working as the Operation Manager, and was responsible for the Operations/BD for the Eastern Part.
There were 4 supervisors and 1 field officer reprting to him asper the info he gave me.
regards,
Nitesh
From India, Patna
Sorry for replying late.
The friend was working as the Operation Manager, and was responsible for the Operations/BD for the Eastern Part.
There were 4 supervisors and 1 field officer reprting to him asper the info he gave me.
regards,
Nitesh
From India, Patna
Dear Nitesh,
Your friend, being a managerial cadre employee, has no locus standi to get redress for his employment grievances under the Labor Laws: the alternative available to him is to sue his employer in a Civil Court for breach of the contract of employment and claim the amounts due for the entire period he worked from home together with damages.
Of course it would be a time-consuming process and your friend will have to engage the services of a Civil lawyer.
From India, Salem
Your friend, being a managerial cadre employee, has no locus standi to get redress for his employment grievances under the Labor Laws: the alternative available to him is to sue his employer in a Civil Court for breach of the contract of employment and claim the amounts due for the entire period he worked from home together with damages.
Of course it would be a time-consuming process and your friend will have to engage the services of a Civil lawyer.
From India, Salem
Thank you Sir, for your suggestion.
I would like to know more about it.. how to process as my friend was also asking that at least the salary for the working time 3 months April/May/June ( Pay cycle was from 21 to 20 ) should be provided.
Also which kind of lawyer to consult and approx charges that would incurr.
Regards,
Nitesh
From India, Patna
I would like to know more about it.. how to process as my friend was also asking that at least the salary for the working time 3 months April/May/June ( Pay cycle was from 21 to 20 ) should be provided.
Also which kind of lawyer to consult and approx charges that would incurr.
Regards,
Nitesh
From India, Patna
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Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf