• Outsourced staff unpaid remuneration 

I am Working through an outsourced agency New Delhi on a Contract basis for one of the Dept. of Ministry of Home Affairs. My Job responsibility is to do survey field work deployed in gujarat.

(1) 1st Contract November 2019 to October 2020 where I was paid 21,000 consolidated as a salary and for tour within the city, the consultant can be paid lumpsum rs. 150/- per day while on tour outside the city, consultant can be paid non-ac sleeper rail or bus fare by ordinary public bus on actual basis or its equivalant and rs. 950/- per day composite tour allowance for accomodation and food if there is a night stay.

Upto October 2020 We were paid Salary regularly.

After that our Contract was renewed from November 2020 to october 2021 with the same terms and conditions.

(2) One Tour Allowance bill of First Contract, and Salaries from November 2020(renewed contract)and Tour Allowance bill is unpaid till date. on asking authorities of Outsourced agency and and departmental heads in new delhi regarding the above matter and agency told that your department in new delhi have no funds to pay and our Departmental heads said IT is the matter of yo and outsourced company.

here our local authority heads order us to proceed a field work without funds like advances and salaries which is almost impossible for us.

I request you to guide and recommend how to go legal procedures against both authorities to get our money on time?
Asked 3 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

You can make a representation to Inspector appointed under Contract Labor Act, 1970 to forward you complaint to the court of Magistrate, the contract is liable for punishment of imprisonment. You can also directly approach Chief Labor Commissioner. You can get your grievance addressed by Chief Labor Commisioner.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

To remover your contractual payments you have the option of filing a suit for recovery of money.

Another option is to lodge complaint with police charging offence of cheating and criminal breach of trust. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

- As per law, both the parties are bond with the terms and conditions of the employment contract  , hence the said agency/employer cannot escape from paying the salary etc. 

- Further, without getting the salary , you are not bond to carry your services therein .

- Hence, you can lodge your compliant before both the authorities for asking the money on time.

- if  no response, then you can send a legal notice for the same .

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You have been made to face hardships after extracted work from you.

Therefore you have to demand your rights from the authorities by making a representation in writing and not oral.

Let them give their answer in writing after which you can plan about further legal steps through court of law if necessary for recovery of your dues.

But remember that you may not be allowed to be employed after that as a retaliation to your legal action against them, however since it is not a permanent job, you may look for an employment outside too. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can issue legal notice to your employer to pay your salaries on time 

 

2) if they fails to pay sue your employer to recover your unpaid dues with interest 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

If you think there's been a breach of contract, check the terms of your contract to make sure. In your case, you have not been paid your salary since November 2020 and have not been paid the allowance. If a breach of contract has occurred, there are following remedies available for you. 

Legal action

If you can't sort the problem out with your employer, you can decide to take legal action. Remember that you'll only get compensation (called 'damages') if you can prove real financial loss, if for example, your employer doesn't pay your wages. There's no compensation for distress or hurt feelings. Since in your case, you have not been provided with salary since November 2020, you can claim for damages incurred to you.

If you are a member of a trade union, it would be a good idea to speak to them before taking any legal action, as some unions provide a legal advice service for their members. Otherwise, you could talk to a solicitor, or Advice NI. If you do decide to take legal action, it can either be through an Industrial Tribunal or through a civil court.

Provisions for you

India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.

Effective September 11, 2012, the wage ceiling under the Payment of Wages Act, 1936 was increased to an average wage ceiling of INR 18,000 per month pursuant to a notification by the Indian Government. If you are not covered under this act, other remedies are still available.

If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

  • An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
  • When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
  • In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
  • The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
  • If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort. 

 

 

  • Please feel free to contact me to ask any further queries. 
  • If you like my answer please give a good rating and review. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Challenge the execution of both the orders at Industrial Dispute Tribunal Ahmedabad. As the place of deployment was at Ahmedabad you need to file Labour Court Reference/Claim in IDT severally for both the contracts. 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer