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Q. Monthly Payment

Sir, i was working for a small scale company, and our company was working under other company's supervisions.
Our company boss hasn't paid our monthly payments from september 2017 and yet we haven't seen any chance of payment.
He is just saying that, when the higher company will pay him then only he will pay to us..
He filed a case against that company. Still, isn't there some law or something that we can do against him, so that we can get our monthly salary..
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A. hi Nikhil,
As per Payment of Wages Act, Every Employer has to pay the wages/ Salaries of the employees every month within 10 days of the succeeding month.At the first incidence of non payment ie., from october 2017 you should have demanded the pay & issued Letter requesting to release the pay, from November 2017 you should have complained to Concerned Assistant Labour Commissioner who will issue notice to your Employer & Order him to release your pay.You can Consult a labour lawyer who will help you getting your pay.

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Ambrose Leo

Experience: 9 Year(s)

Responded 11 months ago

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

Sorry sir i dont know the proper word, but he filed a case against higher companies for payment so he is suffering,, then cant we file a case against him as we are suffering too and does this case gives our money? And if yes, then can i know the time period of it??

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A. Please elaborate on the terms of arrangement of your company with the other company like is it a subsidiary or associate or job contractor.
The advice would depend on the above.

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Vedant Lakhotia

Experience: 3 Year(s)

Responded 11 months ago

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

Our company was working on the govt projects such as water survey,, and swachh bharat abhiyan. We were given these projects from the higher companies. And yet not received any billing payment. The higher companies too filed a case against their higher companies. But sir our boss is in a good shape and spending his money on hi daily needs, also saving money for his sisters marriage. So can't we get money from his personal account..

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Vedant Lakhotia

Experience: 3 Year(s)

Replied 11 months ago

So, your case is of sub letting the government work. You can get your money as that is your right but this does not stand true whether he is in good shape or bad shape. These are personal attributes. You are aggrieved as per LAW and have to take Legal recourse. Please share your appointment letter, along with other communications (if any) and also your resignation letter for a professional advice on how to head forth.

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

Sir its a small company, also the boss is our friend so i didnt gave him my resignation letter but left the job,, and sir he is in a good economical shape as he has money at home and in his personal accounts and im sure about that. Also i have give him money for taking project but dont have it any in writing but have his voice recording. Is there any, any legal procedure for taking my money back from him? Coz we all employess approx 52 working on project under him are all getting desperate now

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

Sir, plz give me reply what to do,, i need my money back and how should i get my money back.. He said he wont give any money to anybody also his company is bankrupt, then how should we get this money back.

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A. Dear Nikhil,
As per the labour laws the company cannot hold your salary unless the company is bankrupt. You can do two things, 1. Lodge a complaint with the labour commissioner, 2. Send a legal notice to the company to get your salary. But beware sending a legal notice will make the relationship between you and the company go bad. So, unless you want to leave the company don't send a legal notice.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 11 months ago

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

I've left the company sice last one month.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Replied 11 months ago

Then just send them a legal notice asking them to pay all your dues.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Replied 11 months ago

You can raise a request for legal notice through Vidhikarya. Thanks

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

What do comes in a company bankrupt??

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Nikhil Nagdeote

Experience: 1 Year(s)

Replied 11 months ago

I mean he is spending money on his daily routine and i think he is saving money too for his sister's wedding,, which in just 1 month later in may. Also if he is bankrupt then how can he afford his car, his bike, his rent, his own engagement, new office and a new furniture.. So i just want to ask you that, can't he give our salary from his savings account?? Or it has to be a company account for monthly salary only??

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