Make non-payment of salaries and dues by employers a criminal offence in India

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To:
1. Shri Narendra Modi, Prime Minister of India
2. Shri Ravi Shankar Prasad, Union Minister for Law & Justice
3. Shri Santosh Gangwar, Union Minister of State (IC) for Labour & Employment
4. Justice Balbir Singh Chauhan, Chairman, Law Commission of India 

Subject: The need to make non-payment of salaries and dues a criminal offence in India and the need for quick,effective and low-cost dispute resolution mechanism in such cases

Respected Sirs,

I have personally been affected and know of many people who have been negatively affected due to non-payment of salaries and dues by private limited companies.

This often is a result of many failed promises about dates of payments on the part of the employer, this leaves the employee with no money at the bank as the savings are directly affected. I have personally witnessed education of kids getting affected due to lack of funds, people being unable to afford rents and being forced to leave their rented homes. All for no fault of the employees and absolutely no penalty on the employer.

For anyone who earns more than Rs. 18,000/- (Increased to 24,000 in Aug 2017) per month (This also includes employees with international post-graduate degrees and decades of experience), the only relief mechanism available is to approach the Civil Sessions Court, for which the aggrieved employee has to hire the services of a lawyer and pay a court fee at a time when his/her finances are at the lowest of the lows, which further acts as a hindrance to bring the guilty to justice.

Due to these factors often the employers continue their malpractices at the expense of employees' misfortunes.

We would like to urge you to look into this matter, and institute legal clinics (on the lines of developed countries) where the affected employees can get free legal representation. 

In most of the developed and even middle-eastern countries the penalties of any such act by the employers are grave. In India, these employees are people who have religiously been paying their taxes and abiding by the law, however due to the acts of their employers are left high and dry with no relief available and no quickly enforceable penalties outlined in law.

There is an urgent need to criminalize any such act by the employers, so that the "New India" we all are proud of and working towards, follows the best practices worldwide and is NOT built on injustice to hard-working and law-abiding citizens.

Hoping to see a change very soon.

Jai Hind!

 Additional Reading:

http://www.business-standard.com/article/pf/redressal-mechanism-for-salary-non-payment-is-slow-112101000030_1.html

 

 

 

 

 

 

 



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