What can I do if my employer does not pay my salary in India?

If your employer is not paying you salary, you can get these legal remedies: Approach Labour Commission: In cases of unpaid salary, an employee can approach the labour commissioner with the help of best labour lawyers in India who tries to reconcile the matter. In the event of failure to reconcile, case can be handed over to the Court of competent jurisdiction. Approach Court under Industrial Dispute Act: An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 for recovery of money due from an employer. Either the employee or any person authorized by him or his legal heir (in the event of his death) can claim to recover money on his behalf. The amount of money due or basis of computation of benefit is done according to provisions of the Act. Approach the Authority under Payment of Wages Act: You can file a case with the competent Authority under this Act, in the event of unpaid salaries or insufficient wages with the help of experienced employment lawyers in India.  

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What is the timeline for deciding cases by any labour court?

All cases with the Labour Court must be decided within the time frame of 3 months. However, if the Labour Commissioner considers it important in the interests of justice or there is a change in circumstances of the case or it is expedient to do so, he may extend the time beyond 3 months with reasonable cause and specified extension of time. The Employment and Labour laws in India are silent as to how long the extension may persist.

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On whom does Payment of Wages Act apply?

It applies to the payment of wages to persons employed in any: Factory; Railways employed by a railway administration; Railways, employed through a subcontractor; Industrial establishment; Any other establishment. The list is not exhaustive and Courts have extended the benefit of the Act under any other establishment by cases and more. Further, an appropriate government can after giving notice of its intention of 3 months in the Official Gazette extend the application of Act to any other class of workers. You can consult good employment lawyers in India to know if your case is covered by the Payment of Wages Act.

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Can we file a class action suit or collective suit for unpaid salary?

Yes, you can file a collective suit in cases of unpaid salary under Section 16 of the Payment of Wages Act with the help of expert employment lawyers in India if all the workers or employees: Work in the same establishment; Work under the same employer; Same cause for unpaid wages; Lack means to file individual applications; Wages unpaid for the same wage period.  

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What is the wage period in India according to law?

Section 4 of the Act specifies that the wage period in India is 1 month. Thus, your employer needs to pay you within a month periodically. In case he defaults, you have a right to approach the Court of appropriate jurisdiction with the help of best employment lawyers in India to claim your unpaid salary.

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What is the deadline to credit salary in the accounts of employee?

As per the provisions of Payment of Wages Act, 1936 wages or salaries needs to be paid- Before the 7th day of expiry of wage period, in case the employees are less than 1000; Before the 10th day of expiry of wage period, in all other cases; Before the expiry of second day in case employment is terminated. In case your employer refuses to pay you the salary, you can consult best employment lawyers online.

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What are the working hours laid down under Employment and Labour laws in India?

As per the Employment and Labour laws in India, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. However, the exact number of working hours and overtime payment, depends from a company to company and your employment agreement. The rule is in accordance with the International Convention on Human Rights and humane working conditions.

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Is it compulsory for me to sign an employment agreement before starting my job?

It is advisable that you sign an employment agreement in India before starting your job. A written document that states the provisions relating to employment of a person creates a sense of trust between the hired individual and the company. A carefully worded employment document not only limits the liability of the company but also cements the relationship between the employer and employee. Get your DIY employment agreement in just a click. An employment agreement also acts as an important piece of evidence in case there is any conflict between the company and its employee. The agreement acts as the source of legalities to which both of them are bound and prevents any discrepancy or rebuttal to the decided upon terms in case the company or employee violates the agreement in near future.

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Do I need to give a notice before leaving my job? What will happen if I don’t serve the notice?

Yes, it is compulsory for you to give a legal notice before leaving your job. The notice period is generally of 3 months. However, the notice period can differ from Company to Company dependent upon their employment policies. If you do not serve a notice in regards to leaving your job, there can be Court proceedings against you on the grounds of breach of contract or employment agreement. A notice period gives time to the Company to find another employee in your position so that the work is not hampered. Salaries also differ during a notice period. Thus, you must always serve a notice. If you are stuck in a case where you haven’t served a notice and left your job you can find a good lawyer online to defend your case.

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Is it mandatory to have a Prevention of Sexual Harassment or POSH Policy?

It is mandatory to have a POSH policy or prevention of sexual harassment policy even if there exist 2 employees. Not having any female employee is not a justified ground for no such policy. Prior to the passing of Prevention of Sexual Harassment at Workplace Act, there was no mandate for such policy or any such policy recognizing sexual harassment at workplace. However, with numerous judgments of various Courts it became mandatory for companies to have a POSH policy in accordance with the law. The Act mandates the establishment of an Internal Complaints Committee at all branches or offices of organizations where at least 10 or more employees are employed.The constitution of the Committee is as follows: It should be headed by a woman employed at a senior level. Half of the members should be women. It should include a third party NGO/ another body. Two persons amongst employees committed to the cause of women/with experience in social work/legal knowledge should form part of the Committee.  

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What are the Vishakha Guidelines?

The Vishakha judgment, an offshoot of a rape case involving a social worker in Rajasthan, brought to the attention of the Supreme Court of India that there was an urgent need to formulate effective measures to check the evil of sexual harassment of working women at all workplaces. Vishakha guidelines are the procedural guidelines for sexual harassment at workplace and have now been codified into a separate act and in IPC provisions. The guidelines can be summed up as follows: Definition of sexual harassment to include unwelcomed sexually unacceptable behaviour, physical contact and advances, demand or request for sexual favours, showing pornography and any sexually coloured remark. Every instance of sexual harassment is a violation of Articles 14, 15 and 21 of the Indian Constitution. Any discrimination on personal reasons resulting in hostile working environment is not acceptable. Creation of hostile environment by physical advances or any other act amounts to sexual harassment.

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Is there a time limit for filing a complaint of sexual harassment?

A complaint of sexual harassment needs to be filed within 3 months of the date of incident and in case of a series of incidents, within a period of 3 months from the date of the last incident. However, the ICC or the LCC , as the case may be, may extend the time limit, however, not exceeding 3 months, for reasons to be recorded in writing if it is satisfied that the circumstances were such that the victim was unable to file a complaint within the said period.

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If a male slaps a male employee in the office or, if a female employee slaps a male employee, is that sexual harassment?

No, a male employee cannot file a case under Prevention of Sexual Harassment Act at workplace. The act provides only for sexual harassment cases against a woman and not a man. An aggrieved woman under the Act includes all women, irrespective of her age or employment status, whether in the organized or unorganized sectors, public or private and covers clients, customers, and domestic workers as well. It is a gender-biased law tilting towards one gender only. However, if you witness incidents of assault at workplace by a woman or a man, irrespective of the gender you can file a case under Section 351 of Indian Penal Code(IPC) with the help of best criminal lawyers in India. Assault is any act or gesture or preparation, intentionally committed to threaten the person or direct criminal force upon such a person.

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My employer sexually harasses me, what can I do to stop this sexual harassment at workplace?

Sexual Harassment in workplace is a punishable offence. You can complaint to the Internal Complaints Committee in your office. However, if they try to subdue you or refuse to take your case forward, you can approach an NGO working in the field of extending protection to women who are victims of sexual harassment or even lodge a criminal case against the person under the provisions of Indian Penal Code with the help of best criminal lawyers in India. You can also file a case against your Company if they do not have an Internal Complaints Committee or refuse to take your case. A penalty will be imposed on them as a consequence. One should never remain silent about any sexual advances which are inappropriate and should immediately report them.

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I have been falsely accused of committing sexual harassment at workplace. Can I defend my case?

You can defend the case with the help of best criminal defense lawyers in India if you are falsely accused of sexual harassment at workplace with evidences as to your good character, other circumstantial evidence and by disproving the basis of false claims. Beneficial laws are sometimes misused by women to file bogus cases or claims against individuals. Most of the time, human resources solve a harassment claim that is fictitious. Nevertheless, sometimes, a harassment claim that is fictitious can cause damages. For example, the man may lose their job, promotions, as well as wages because of the claim that is bogus. In these instances, it might be essential to take legal action as a way to regain another legal remedy or a damages award for the losses. An individual can confront criminal or legal effects for filing a frivolous or false harassment claim with the help of a good labour lawyer in India who can additionally help determine your choices when it comes to legal remedies and can offer you legal guidance and representation in court.

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Is the law for Prevention of Sexual Harassment at Workplace only applicable to working women?

The law for Prevention of Sexual Harassment at workplace is applicable to every woman who may get harassed at any workplace. It could be a visitor, freelancer, consultant or a customer, literally any woman who is visiting your workplace. It could be your direct employee, or also an employee on a third-party payroll or a visitor or a domestic help at your place. In case you are a victim of sexual harassment, you can now consult good criminal lawyers online. Thus, the law caters to the women at a larger scale and does not restrict the application to the place where a person is employed. Doing that would provide only a semi shield from harassment and make women vulnerable at any other workplace. Thus, the act extends protection on the basis of whether you were in the premises of that workplace and not on your status as an employee, visitor or guest.

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Can my employer terminate my employment without giving a notice period?

The employer cannot terminate your job without giving you a proper legal notice period. However, if he decides to do so, he has to either pay him in lieu of that notice period which means that he has to pay the employer the salary equivalent to that he would have received had he served his notice period. If the employer fails to do both, you can file a civil suit against him with the help of best employment and labour advocates in India.   If you had signed an employment agreement, your employer cannot terminate your employment without giving you a notice period as per the conditions of the agreement. In case he decides to do it, two situations may arise. First, he may ask for your consent. In such conditions you can reach to a conclusion with him on negotiated terms in regards to the salary, termination and other aspects. Secondly, he may terminate your job without asking for your consent, in such conditions you can file a civil suit with the help of top labour lawyers online. Any other situation may also arise depending upon the nature of your employment agreement. Thus, it is advisable to always get a properly drafted employment agreement. If you did not sign an employment agreement, the employer has to either give you notice or payment in lieu of that notice. This is money equivalent to the salary that the employee would have earned during the required notice period.

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Can I take any legal action if my job is illegally or wrongfully terminated?

Yes, you can take a legal action with the help of best employment attorneys in India if you have been illegally terminated only if you had an employment agreement. In absence of any such document, your employment is presumed to be employment at will and you can be fired for any random reason. Thus, it is advised to always sign an employment agreement. You can now get DIY employment agreement online in just a few clicks. The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include: Firing in violation of federal and state anti-discrimination laws; Firing as a form of sexual harassment; Firing in violation of oral and written employment agreements; Firing in violation of labor laws, including collective bargaining laws; and Firing in retaliation for the employee's having filed a complaint or claim against the employer. For, any further information, you can find best lawyers online.

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Many employees in my office were hastily laid off. Can we file a case against the employer?

If many employees in your office including you, were hastily laid off you can file a suit in a Court of competent jurisdiction with the help of expert labour and service lawyers in India in just a few clicks. Further, your employment should be secure with an employment agreement. If you were compensated or paid in lieu of that notice period, you cannot file a suit in any Court. Reference can be drawn to the time when Snapdeal laid off 80% of its employees on merger with Flipkart, and employees were left to their own with no remedy in hand.

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Can you get legally fired over a text message in India?

Yes, you can get legally fired over a text message in India. However, it is not the most appropriate way to fire an employee. Mere fact that you were fired with just a text message does not give you a right to move to the Court questioning the illegality of the procedure. However, the conditions as to legal notice period in employment cases or payment in lieu of notice period (pay the amount equivalent to what he would have earned had he been served a notice period if notice period is not served.)

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What are the maternity benefits that I can get in my Company?

You can claim various maternity benefits in your office. Women employees in India are provided with a special benefit during and after their pregnancy, known as the maternity benefit. Maternity benefit in India is provided in form of 'fully paid' leaves to pregnant and lactating women to take care of themselves and their child. In case you are denied any of these benefits you can consult expert labour lawyers online. The maternity benefits available to you are: Increased duration of leave: The duration has been increased from 12 weeks to 26 weeks and can be availed 8 weeks prior to the delivery of child and 18 weeks after that. Option to Work from home: The new rules give the option to women to work from home, as agreed or negotiated with the employer on the expiry of 26 weeks maternity leave. Paid maternity leaves: Maternity leaves are fully paid, to ensure that you do not face any financial issue at the most crucial time of your life. Benefit to adoptive and commissioning mothers: The benefit has been extended to the adopting mothers as well, who were otherwise kept on a backseat in regards to this benefit. They are now entitled to a 12 weeks maternity leave. Crèche facility to be provided by employer: It is compulsory for an employer having more than 50 employees to provide for a crèche facility in office and to allow the woman to visit her child 4 times a day.

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Can my employer terminate my employment when I am on a maternity leave?

No, your employer cannot terminate your employment on a maternity leave in India. No employer can deny a woman employee’s maternity benefit. You can only be terminated on grounds of gross misconduct only after providing you with a legal notice. If your employer denies your maternity benefit or has dismissed or discharged you from services, you can take the following measures: Contact the HR Department: You can take your grievance to the HP department of your company. Usually, the HR representatives are able to clear up any confusion or grievance that arise between the employee and employer. If no resolution is provided by the HR, you can take the next step. Send a legal notice to the employer: You can consult an employment and labour lawyer in India and send a legal notice to your employer regarding the denial of your maternity benefit. A legal notice speaks volumes. But, if your employer still does not respond, take them to the court. Approach the Labour Court: You can hire an employment and labour lawyer in India to file a case against your employer in a Labour Court. An employer who denies a woman employee’s maternity benefit claim in India can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months.

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What can I do if I have not received gratuity yet?

Yes, you can file a case under Payment of Gratuity Act in the case of non-payment of gratuity in employment sector with the help of best civil litigation lawyers in India. The rule stipulates that in case of death of the employee, the rule of 5 year service is not mandatory and the payment will be made to the nominee. In cases, where no nominee is mentioned, it is made to the legal heir. In case, there existed a clause in the employment agreement, it is advised to look through the same once. Gratuity is a retirement benefit paid as gratitude to the employees who have rendered a continuous service for at least five years to incentivize them so that they continue working efficiently. It is an amount paid to an employee based on the duration of his total service but an employee becomes eligible only after he has completed 5 years of his service. Gratuity is paid to an employee when he either retires or his employment is terminated or he resigns or upon his death. Gratuity is given the force of law by the Payment of Gratuity Act 1972, which is further administered and enforced by the Central Government and the designated establishments under its control. The Payment of Gratuity Act, 1972 is applicable to every factory, mine, oilfield, plantation, port and railway company. An employee who has rendered at least five years of service becomes entitled to the said benefit. The prerequisite of completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement to the extent that the person is literally unable to provide the required services. In the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominee or heir is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

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Can I claim compensation from my employer?

Yes, you can claim compensation from your employer on different grounds with the help of experienced employment advocates in India. The grounds to claim compensation are not exhaustive and depend on a case-to-case basis. Illegal or wrongful termination; Denial of maternity benefits; Sexual harassment at Workplace; No establishment of Internal Complaints Committee in the workplace; Non-payment of salary in lieu of notice; Non-payment of Provident Fund; Non-payment of Gratuity;

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