• Wages Act 2019

As per wages code act 2019, notified on 8th August 2019, an employer has to pay the wages to an employee, who has reaigned, within two working days from last day on work.

I am resigning and leaving on 20 Feb 2020.
But my employer says they have not received any notification from ministry of labour, hence they wont follow, they will give full and final settlement after 45 days.
Asked 4 years ago in Labour

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10 Answers

- The Code on Wages, 2019 has been passed by both Houses of the Parliament.

- As per this Code, every employer will have to pay all wages within 2 days after the last working day.

- Since, you have tendered your resignation , hence your employer is bound to comply the code on wages 2019 .

- You should lodge your written complaint to the labour ministry /department , after mentioning the refusal to accept the code . 

- Your employer will get notification to release the same as per rule, otherwise a penalty shall be imposed on him.

Mohammed Shahzad
Advocate, Delhi
14167 Answers
214 Consultations

5.0 on 5.0

The Government has notified the Code after it received assent from the President of India on August 8.

 

2) case the employee is removed, dismissed, retrenched, resigns or becomes unemployed due to closure of an establishment, the wages are required to be paid within two working days.

 

3) if employer refuses to pay within 2 days issue legal notice to employer to settle your dues as per provisions of wages act 2019 

Ajay Sethi
Advocate, Mumbai
96270 Answers
7753 Consultations

5.0 on 5.0

Dear Client,

Try to settle the issue. If company does not pay you then you may complaint in the office of the labour commissioner. You  may also file a civil suit also.

https://jaswantkatariya.business.site

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

You can complaint against your employer before labour commissioner office and he will pass necessary direction in the same

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

if they do not make payment on time you can file a complaint against them followed by a legal notice in this behalf

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

Notification dose not any body. Once law enacted, becomes law of land and binding on all. Mention in your resignation above the law which says - salary in 2 days on resignation.

And the prevailing law is employee retrenched or has resigned from service, or became unemployed due to
closure of the establishment, the wages payable to him shall be paid within two working days of his removal, dismissal,retrenchment.

Yogendra Singh Rajawat
Advocate, Jaipur
22924 Answers
31 Consultations

4.4 on 5.0

With reference to the above question, the process is first of all you have to consult with advocate, then he will issue the legal notice, after that the advocate will file the case to the labour court.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

Salaries need to be paid within 2 working days from the last working day. This is specified in factories act and shop and establishment acts. 

Further for all other items due must be paid within 30 days unless specified otherwise. This is in payment of wages act. 

Gratuity also is payable within 30 days (from date of application by the employee).

There is no law regulating the payment period for F&F and It varies from organization to organization.

Few companies will pay within 30 days and some pays within 45 days.

T Kalaiselvan
Advocate, Vellore
86471 Answers
2300 Consultations

5.0 on 5.0

1. Send your employer a copy of act and tell them that govt is not bound to inform separately after the law is enacted. 

2. Wait till your last day then send a legal notice for full and final settlement with in two days as per law and if they doesnt clear the dues then you can file suit under wages act 2019

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi,

You may send the said notification through medium of legal notice to your employer. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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