Before all the legal remedy kindly confirm that Mr. Ak singh is a true representative or employee of DPS Spices if not than its a fraud case and a FIR has to be filed if it’s a genuine employment and salary are not paid then following legal remedy can be obtained.
There are several legal processes that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labor laws that deal with the issues of non-payment of wages or salary.
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.
Section 4 of the payment of wages Act states –
Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.
Reference – Section 4 payment of wages Act
Monthly Salary Distribution Requirements:
A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.
A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.
If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.
What steps can be taken by employee: If your employer is not paying your salary, you can get these remedies.
Approach Labor Commissioner:If an employer doesn’t pay up your salary, you can approach the labor commissioner. They will help you to reconcile this matter and if no solution is reached labor commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
Labour Court Time Line: Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think
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