This could result in the first-ever rise in child labour in 20 years. Since 2000, child labour decreased by 94 million but this gain could soon be reversed warn the two multilateral bodies.
This could result in the first-ever rise in child labour in 20 years. Since 2000, child labour decreased by 94 million but this gain could soon be reversed warn the two multilateral bodies. | Photo Credit: Sushil Kumar Verma
Special Correspondent
NEW DELHI 12 JUNE 2020 16:18 IST
UPDATED: 12 JUNE 2020 16:18 IST
What steps can you take as an employee to recover unpaid salary?
If the employer does not respond to the legal notice and does not pay the salary then the employee can take the following steps, after a legal notice is sent to the employer-
- Approach the Labour Commissioner
The employee can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner. The labour commissioner’s duty is to reconcile the differences between the employer and employee.
- Approach the Labour Court
If the labour commissioner fails to provide a solution, then the employee can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.
Within a certain period without any extension, the Labour Court decides a timeline. The time frame is around three months, where the Presiding Officer of the certain Labour Court deems it expedient or necessary to do so. The Presiding Officer may for certain reasons in writing actually extend the time frame as he/she deems fit. The Labour Court will also look into the fact whether legal notice for pending payment of provident fund has been sent to the employer.
- Approach the Civil Court
Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908. However, it is advised that this should not be the remedy sought by the employee in the first instance.
- Application in the NCLT
The Insolvency and Bankruptcy Code, 2016 considers employees as operational creditors. Therefore, an application can be filed in the NCLT for the recovery of unpaid salary. However, for the application of the IBC, certain conditions must be met. These are
- The applicant must be an employee of the company
- The minimum amount of unpaid salary must be Rs. 1 Lakh.
- The maximum amount of unpaid salary is Rs. 1 crore.
This application must be accepted or rejected within 14 days by the NCLT. The whole corporate insolvency resolution process must end within 180 days. However, the NCLT may extend this by another 90 days.
- Approach the Labour Commissioner
The employee can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner. The labour commissioner’s duty is to reconcile the differences between the employer and employee.
- Approach the Labour Court
If the labour commissioner fails to provide a solution, then the employee can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.
Within a certain period without any extension, the Labour Court decides a timeline. The time frame is around three months, where the Presiding Officer of the certain Labour Court deems it expedient or necessary to do so. The Presiding Officer may for certain reasons in writing actually extend the time frame as he/she deems fit. The Labour Court will also look into the fact whether legal notice for pending payment of provident fund has been sent to the employer.
- Approach the Civil Court
Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908. However, it is advised that this should not be the remedy sought by the employee in the first instance.
- Application in the NCLT
The Insolvency and Bankruptcy Code, 2016 considers employees as operational creditors. Therefore, an application can be filed in the NCLT for the recovery of unpaid salary. However, for the application of the IBC, certain conditions must be met. These are
- The applicant must be an employee of the company
- The minimum amount of unpaid salary must be Rs. 1 Lakh.
- The maximum amount of unpaid salary is Rs. 1 crore.
This application must be accepted or rejected within 14 days by the NCLT. The whole corporate insolvency resolution process must end within 180 days. However, the NCLT may extend this by another 90 days.