Legal Question in Employment Law in India

Salary

I am working with one of the top BPO in Gurgaon. I was put out of production due to client escalation. I was ensured a full salary till the time I am not selected in any other process. After 20 days, my employer is asking that they cannot pay for the period, I am not doing any production. I am still employed with this company and totally dependent on this salary. They did not conduct any interview for me even after a month. I talked to some higher mangement people about this, but they aren't of much help. What should I do?


Asked on 8/23/08, 9:03 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Salary

from your facts it is not clear as to which category you belong. If you are a "workman" within the meaning of Industrial Disputes Act, you will be govered by labour laws; and more particularly the "Certified Standing Orders" which your management got approved from the Labour Commissioner, Haryana. If you are not a workman but a personnel of managerial category, you will be governed by the contract executed by the management with you; in case you find there is any breach of contract, you will have a remedy before the civil court claiming damages.

the litigation is costly and time consuming; you should try to settle the matter amicably and out of court; if you find that the management does not a suitable job for you, better you seek employment somewhere else.

However, you may claim salary under Payment of Wages Act by filing a petition before the authorities.

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Answered on 8/23/08, 11:11 pm


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