90,000+ Legal Questions Answered
Salary hold issue
5 months ago
Due to not applying the attendance for 28 days last month, I got only salary for 2 days. However, now I have talked to my manager and got the attendance corrected for the remaining 28 days. I have also requested the higher manager to grant the lost salary in upcoming month's salary slip.
What is the legal action I can take if they still don't approve the salary?
A.Dear Client,
The Payment of Wages Act enacted in 1936 guarantees that workers receive their pay on schedule. The worker or employee is also entitled to interest on the amount owed for the delay in giving the salary or wages if the employer refuses to pay or postpones paying the worker or salary. Or you can approach the Labour Commissioner Officer regarding the unfair practice of the company for the remedy.
Thank You.
The Payment of Wages Act enacted in 1936 guarantees that workers receive their pay on schedule. The worker or employee is also entitled to interest on the amount owed for the delay in giving the salary or wages if the employer refuses to pay or postpones paying the worker or salary. Or you can approach the Labour Commissioner Officer regarding the unfair practice of the company for the remedy.
Thank You.
Helpful
Helpful
Share
A.Dear Client,
If the Company does not approve and pay your salary for the intervening period of 28 days despite your written request and follow-up, then if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act, reach out to the office of the Labour Enforcement Officer(LEO) or Labour Commissioner concerned for filing a complaint against the Company over alleged arbitrary action and unfair labour practice, serving a legal notice to the company for redressal of your grievance. Apart from this, you can also file an application u/s.33C(2) of I D Act before the concerned Labour Court for recovery of dues(Salary) from the Company. Provided that every such application shall be made before the labour court within one year from the date on which the money became due to the workman from the employer/Company.
If the Company does not approve and pay your salary for the intervening period of 28 days despite your written request and follow-up, then if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act, reach out to the office of the Labour Enforcement Officer(LEO) or Labour Commissioner concerned for filing a complaint against the Company over alleged arbitrary action and unfair labour practice, serving a legal notice to the company for redressal of your grievance. Apart from this, you can also file an application u/s.33C(2) of I D Act before the concerned Labour Court for recovery of dues(Salary) from the Company. Provided that every such application shall be made before the labour court within one year from the date on which the money became due to the workman from the employer/Company.
Helpful
Helpful
Share
Read Related Answers
Company denied my Experience letter
Dear Client,
On cessation of employment on the ground of resignation other than disciplinary action for proven misconduct, an employer cannot withhold the employee's experience letter, appointment le...
Employment Termination
Dear Client,
A loan borrowed from an office colleague for personal purposes cannot be professional misconduct even under model standing orders as provided under the Industrial Employment(Standing Orde...
Current organization is not willing to provide a relieving letter
Dear Client,
On acceptance of the resignation of an employee, an employer cannot withhold his or her relieving letter for an indefinite period in the absence of any valid reason and moreover in the ab...
My employers ignorance has deteriorated my Medical
Dear Client,
Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established recruitment policy made out considering a v...
termination during notice period
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory pr...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
