The Indian parliament and other state legislatures have each established a number of labour laws. Laws governing labour are not just laws. This comprises a collection of laws, ordinances, and standards that, when disregarded or broken, have serious legal repercussions. Each law focuses on a certain service sector. Like,
- Minimum Wages Act and Payment of Wages Act for wages
- Workman Compensation Act for compensation
- Maternity Benefit Act and other laws for women’s maternity benefits
Employers and workers both get perks and assistance under labour laws. People generally struggle with the idea that labour regulations are the only solid safety net for employees. When employees fail to obey company policies, bosses themselves may take action against them.
Use the top Labour Court in India to contact the labour commissioner in situations of unpaid wages. The labour commissioner will work to resolve the issue. In the event that reconciliation is not possible, the matter may be submitted to the appropriate court.
An employee may launch a lawsuit under Section 33(c) of the Industrial Dispute Act, 1947, to collect money owed to them from their employer. A claim for money recovery on behalf of an employee may be made by either the employee, any person authorised by him, or his legal heir.
In the event of underpaid wages or insufficient pay, you can register a complaint with the relevant authority under the Payment of Wages Act.
When should a complaint be made in the Labour Court?
You must know which violation act your case comes under in order to make a complaint against a firm or an employer. The infringement of your rights may not always be taken into account by the constitution or the labour court. The Labour Court in India may not view it as a severe issue if your employer or higher authority screams at you or injures your feelings. So you must be aware of the requirements of labour regulations in order to get your issue acknowledged.
- If you experience discrimination on the basis of caste, colour, gender, race, or other factors, you can file a case with the court alleging a breach of human rights.
- The business is required to behave and supply in accordance with the contract that was signed when the employee was hired. You can simply submit a complaint in the labour court without getting anyone’s permission if they behave in breach of the contract, including the salary, position, facilities, etc.
- Unfair termination or one without adequate notice constitutes another grievance. To move on with the correct rights, make sure you have carefully read the contract.
How may a complaint be made?
- Introduce your problem to your company’s HR department.
- Give them adequate time to consider your issue and respond with a solid response.
- If HR didn’t provide a resounding response, get in touch with the department head at your business. Introduce your problem to them, then watch for a suitable response.
- Approach the court to file a complaint in the labour court if both of the aforementioned trials are unsuccessful.
- Make sure you have all relevant documents and evidence on hand if you decide to take the case to court. Take into account these points
- Employment documentation, such as an appointment letter, pay annexures, or ESI contribution
- the letter or notice outlining your complaint that was sent to the company’s head of human resources or department.
Filing for a labour court complaint
- Visit the labour commissioner in your area in the event that the complaint is still pending. Send in the complaint as directed by him or her.
- The Labour Court in India will schedule a hearing as soon as it is satisfied with the timeline and pieces of evidence offered.
- The answer will be suggested in a notification from the court.
What should you do if your company never pays your paycheck or delays it indefinitely?
In India, businesses frequently fail to pay their workers their wages, particularly when they are letting them go. They believe that employees lack the means or choices to bring a legal claim against their company. In actuality, there are a number of actions that an employee may do that might seriously jeopardise the employer. However, the information is not widely known and seeking legal counsel can be expensive.
An employee has a variety of legal options at their disposal to recoup compensation or earnings. The first action that we advise is issuing a solid notice from a reliable attorney with experience with such cases. However, before we get into more detail about that, allow me to introduce you to some fundamental ideas in Indian labour laws that deal with the problems associated with unpaid wages or salaries.
Payment of Wages Act is a comprehensive salary payment law in India, however it does not apply to all levels of employees. Usually, it refers to low-paid blue caller employees.
What documents are required for filing the complaint in a labour court in India?
Here is a list of the important documents that are required to file a complaint in the Labour Court in India against your employer:
- Evidence of Delayed or underpaid salaries (with the help of bank statements)
- Appointment letter from the relevant business
- Information on wages, bonuses, and benefits
- A copy of the employment contract is attached
What actions an employee may take?
You can receive these treatments if your company is not paying your wage.
A) Speak with the Labor Commissioner:
You can file a complaint with the labour commissioner if your employer fails to pay your salary. They will assist you in settling this conflict, and if no resolution is found, the labour commissioner will take the matter to court so that you may file a claim against your company.
B) Act on Industrial Disputes:
- Under Section 33(c) of the Industrial Dispute Act of 1947, an employee may launch a lawsuit to collect money owed to them by an employer.
- The employee may file a claim for reimbursement of unpaid wages on his or her own behalf or on behalf of any other person approved by the employee in writing.
- If an employee passes away, the designated person or the employee’s heirs may file a claim with the labour court to recover any unpaid wages.
- When the court is satisfied that the pay is owed, it will issue a certificate, and the collector will then start the process of collecting it.
- If there is any doubt regarding the amount of money owed or the rate at which such benefit should be calculated, it would be calculated.
What if the corporation is refusing to pay with dishonest or deceptive intent?
An employee may pursue aggressive action if he has been harmed by the company’s deceptive practices. In such circumstances, the following remedies would be available:
Punishment for Employer Fraud:
- The Companies Act of 2013’s Section 447 outlines the penalties for fraud.
- A person is subject to a minimum term of 6 months and a maximum term of 10 years in jail.
- Up to three times the amount involved in the fraud may be fined, but not less than that amount.
- Under Section 447 of the Act, further actions may be taken.
- Under the Indian Penal Code, a worker may also bring a criminal claim against the business.
Will my pay be withheld if I take a sick day?
Regardless of your immigration status, you may always submit a wage claim with the Labour Commissioner if you weren’t paid while on leave because you were ill in order to get your unpaid wages returned.
What is the longest an employer may withhold an employee’s salary?
According to the “Payment of Wages Act,” if an “establishment” has 1000 or more employees, the employer is required to pay the workers no later than the end of the seventh day following the end of the pay period. Wages must be paid when there are more than 1000 employees by the end of the 10th day after the final day of the pay period.
Important considerations to make while attempting to collect your underpaid wages
Receiving the money sooner is a psychological game, and giving warning is a crucial psychological strategy. The employer will settle before you need to file a lawsuit if he rapidly realises the repercussions, which keeps expenses down as well. Only a small number of attorneys, however, take on this type of job because it could not be particularly lucrative for them.
In many instances, employers in India may get away with not paying wages for a month or even a few months. Kingfisher Airlines is a good case in point. Many employees were not paid their dues when it ceased operations. All you need to do is to reach out to the right panel and enjoy getting your issues sorted.
How Voxya help to resolve a complaint against an Employer?
Voxya is an online consumer complaint platform that helps to resolve complaints against the injustice done by the company. Using the following easy steps Voxya resolves complaints:
- Social Media Campaign: It starts social media campaign for the maximum impact of your complaint.
- Send an email: It sends an email to the company and tries to resolve the complaint amicably.
- Legal Notice: It will draft and send a legal notice to the company via registered post and also send a copy to your address.
Using the above steps we resolved many complaints against various employers. If you are also looking for a solution to the complaint then File a complaint now!
For consumer cases, we also prepare consumer case documents, a consumer can submit these documents to file a case in consumer court.
If you don’t have sufficient time and want to save your efforts then you can hire a lawyer to file a case in court.
Final words
We frequently hear reports that employees have been refused pay by their employers, particularly when they are being fired. In this nation, liquidations and non-payment of wages to employers are extremely frequent. Poor employers sometimes believe they have little control over the situation, despite the fact that there are several regulations that protect employee rights and allow them to claim back pay plus interest.
One must definitely submit a notification or letter to their employer outlining their grievance and the necessary arguments for no pay or a delayed paycheck in order to proceed calmly and avoid leaping to conclusions.
If you are also not able to find a way with which you can file a complaint then all you need to do is to get in touch with Voxya and our team will guide you with the correct steps. We will make sure that you get the claims that you have made along with any losses that you have incurred.