Actions Against Employer
Anns Kumar
(Querist) 08 April 2011
This query is : Resolved
Dear Sir/Madam,
My previous employer is not paying me my last Months Salary. SO what Action shall I take against him??
Regards,
Anns Kumar
Devajyoti Barman
(Expert) 08 April 2011
If the employer is a Governmental machinery then you could file writ. If it is private then you could either file suit for recovery of money or proceeding under criminal laws.
Raj Kumar Makkad
(Expert) 08 April 2011
Civil suit for recovery is the best remedy in such matters for which serve a legal notice demanding your right within a stipulated time failing which come to court.
Susanta Chakraborty
(Expert) 09 April 2011
What's the story behind? have you completed formalities by sending notice period to them prior to leave the company? there are different notice period times for different levels. let us know what was your job profile. we assume, you are having mid level profile.
Generally this kind of problem happens in unorganised sector.
My first suggestion is to settle with the HR dept. If problem persist the same then you have every right to move ahead and file writ.
RAJU O.F.,
(Expert) 09 April 2011
It depends upon your contract for employment with the previous employer. If you left without notice, or without fulfilling the executed, even they may proceed against you, for breach of contract. If you have left the previous employer, after complying the due process and your request for payment of arrears of salary was denied, you may file suit against such employer. But, whereever possible, try amicable settlement, rather than legal measure.
Vijayan Balakrishnan
(Expert) 09 April 2011
Dear Kumar,
Please send a notice demanding the wages of the last month.
Include a rider in the notice that you will be forced to seek legal recourse if your cliam is not settled with in a reasonable time - say 45 days to 90 days.
If this does not fruictify, please follow the remedy suggested by learned Shri Devajyoti Barman.
