• Salary not paid in time

Hi Sir/madam,
i am working in an IT company which is a Pvt Ltd Company and is based out of Hyderabad. During hiring time, company has promised that salary of employees get released on 1st of every month but here scenario is completely different. No body gets salary on time and if salary is released, it is released into split i.e not complete salary but part of it in span of another one or two months.
I am suppose to get March month salary since it is month of April but as of now , i am not even paid for January salary in full.  

Due to this salary issue , me and my family are going through very bad phase and I am not able to meet my family's basic needs .I have taken a personal loan from bank and some hand loans from friends to run my family but now scenario has gone more worse since, I am struggling to pay back EMI to banks and  friends. To pay EMI to bank again , I am talking hand loans from my other friends and that continues.

Please advise me on prevailing scenario and help me with the way to recover my salary.

Raj 
Hyderabd
Asked 8 months ago in Labour from Hyderabad, Telangana
1) company must be facing financial problems 

2) all employees should come together and raise the issue with management 

3)if in spite of representation company does not pay on time look for an alternative job . 

4) resign and serve the notice [period mentioned in appointment letter 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) non-payment of remuneration to employees, in full and on time, is a most serious and fundamental breach of contract,

2) issue legal notice to employer to pay your salary on time 

3) For unpaid salary, you can also approach the Labour Commissioner 

4) you can also file winding up petition against the company for recovery of  your outstanding dues 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
 payment of wages act 

1) Responsibility for payment of wages.


 section 3. Responsibility for payment of wages.- Every employer shall be
 responsible for the payment to persons employed by him of all wages
 required to be paid under this Act: 

2) section 4 

 Fixation of wage-periods.


 4. Fixation of wage-periods.- (1) Every person responsible for the
 payment of wages under section 3 shall fix periods (in this Act
 referred to as wage-periods) in respect of which such wages shall be
 payable.

 (2) No wage-period shall exceed one month.
 -------------------------------------------------------------

3) 5. Time of payment of wages.- (1) The wages of every person
 employed upon or in--

 (a) any railway, factory or 1*[industrial or other
 establishment] upon or in which less than one thousand
 persons are employed, shall be paid before the expiry
 of the seventh day,

 (b) any other railway, factory or 1*[industrial or other
 establishment], shall be paid before the expiry of the
 tenth day,

 after the last day of the wage-period in respect of which the wages
 are payable: 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
All the aggrieved employees can engage a common lawyer to serve a legal notice to their employer to release the salary. If this proves futile then a suit for recovery of salary against the company is the only legal remedy available to them.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Salary is the main criteria for employment, if there is salary then there is no work.
Whether this is condition with all employees every time  and whether nobody raised the issue so far?
You should first exhaust the remedies by bringing the subject matter to the notice of top management immediately in writing and this record to be preserved for future legal action to be taken in this regard. 
After having received no response from the management side, you may issue a legal notice to the company along with your resignation letter quoting this irregularity in salary payment as the reason for resignation and demand the arrears of salary. 
you can look out for another employment.
You can approach a labor law practicing lawyer for further process.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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