Employer not paying salary Employer not paying salary

1 year ago

My working office is a call centre and in January month i worked for 14 days and resigned and they are refusing to pay salary. What should i do now?

Anik

Responded 1 year ago

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A.Here are some general steps you can take to try to resolve the issue:

Check your employment contract: The terms of your employment, including your notice period and pay entitlements, should be stated in your employment contract. Review your contract to ensure that you are aware of your rights and obligations.

Contact your employer: Reach out to your employer and try to have a conversation with them about the issue. Explain the situation and request that they pay you the salary that you are owed. Keep a record of any correspondence with your employer, such as emails or text messages.

File a complaint with the labor department: If your employer is still refusing to pay your salary, you may be able to file a complaint with the labor department in your jurisdiction. They may be able to assist you in resolving the issue and may also have the authority to investigate and take action against the employer.

Seek legal advice: If you have tried to resolve the issue with your employer and the labor department, but have not received satisfactory results, you may want to consider seeking legal advice. A lawyer who specializes in employment law can advise you on your legal rights and options, and may be able to assist you in taking legal action against your employer.

Consider alternative dispute resolution: If legal action is not an option or if you would prefer to avoid a formal legal process, you may want to consider alternative dispute resolution methods, such as mediation or arbitration. These methods involve a neutral third party who can help you and your employer reach a mutually agreeable solution.

Thank You
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

If you have worked for 14 days, then you should be paid. But before, suggesting anything else, i would advise you to let an advocate review the terms and conditions and then proceed with a legal notice followed by a civil case.
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