About salary About salary

3 years ago

Iam working with one of the employer in health care skilling institute. From February to till now i did not received salary. Iam asking him bot there is no response.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Approach labor Commissioner.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT

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Anish Palkar

Responded 3 years ago

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A.As your employer has not made you the salary from February 2020 it means that he is having a willful consent and thoughts regarding defaulting of your salary payment purposely.
1) Even at the beginning of the LOCK-DOWN on 23rd March 2020 all the state & Central Government has requested by various Media means like News Channel, Newspaper to all the Private Companies, Small Business operators that the EMPLOYERS should NOT Reduce/ Deduct / Stop Salaries of the entire staff during this COVID-19 pandemic
2) I request you to Call the Authorized Senior of your Office regarding your pending Salary issue & RECORD THE CALL from your MOBILE
3) Also I request you to SEND EMAIL/ MOBILE MESSAGE/ WHATSAPP MESSAGE the Authorized Senior of your Office regarding your pending Salary issue. Remove a SCREENSHOT of the messages from your MOBILE & get a PRINTOUT of the same. If your question is answered in MOBILE & get a PRINTOUT of the same. (If you DONOT get any REPLY from your seniors you will have to proceed with Legal Remedy)
4) You can send a Legal Notice to your Office/ Company for payment of your Salary through a Lawyer
5) There is also a Official Circular issued by Government of India- Ministry of Home Affairs which was recommended on 29th March 2020 & the same was approved on 17th May 2020 by the Union Home Secretary- New Delhi [ORDER NO.40 – 3/2020- DM – I (A)]
In the above ORDER point No.3 which clearly states that “All the employers be it in the industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown” (Same can be provided by me in PDF)
6) A few details required incase you opt for a Legal Remedy-
A) Identity Card of the firm
B) Appointment letter
C) Visiting card of your Name with company address (IF AVAILABLE)
D) Latest 2 months salary slip & Form No. 16 (IF AVAILABLE)
E) 12 months LATEST SAVINGS ACCOUNT bank statements WHERE THE MONTHLY SALARY IS CREDITED (COMPULSORY)
F) Any STAFF GROUP PHOTOGRAPH OR ANY OFFICE PHOTO/SELFIE proof that you was working in that Organization/ Office/ Shop etc. (COMPULSORY as proof & Evidence)

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ADV. ANISH PALKAR (High Court)
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