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Raghav Arora   13 March 2021

Company not paying the salary arrears

Dear Experts,

I started working with a company in the Sci-Comm industry on 9th July 2018. I worked there for almost two years - ie. till 30th August 2020. Things were smooth until Covid hit us. The company told all the employees that the salaries will be paid after a few months since Covid did not allow the company to keep paying the salaries then (however, we were working online during the Covid and company had clients. May be a little less, but still they had clients) Now, when I left in August, I had not got money from Jan to August. Against this tenure only 21000 were paid in different months.

Also, I was made a Senior Educator in January, but no paper work was done then as the company kept saying that you will recv increased salary, we will change the designation later in your relieving letter (Which they did). I only have a few chats with my frinds where I informed them that I had been made a senior in the company and they asked for celebrations and all that. (Is that evidence?) Now, how should I best proceed to bring the company to pay me. It has been almost 8 months since I left the company. It has been distressing.

They have not been replying to the mails.



Learning

 12 Replies

swetang joshi   13 March 2021

If you were having PF or any other government facility registered by your company than or otherwise as well you can approach labour officer of state for the same. they will guide you with the procedure and set a time frame for payments
1 Like

deepak patel   13 March 2021

send them a legal notice through advocate

any further query contact me
on 7977156926

Thanks and Regards
Adv. Deepak Patel
1 Like

Raghav Arora   13 March 2021

Thanks for the reply Adv. Deepak Patel and Mr. Joshi. 

May I know how long such proceedings take usually? 

Also, chats with my friends regarding the promotion can be used as evidence? 

Also, how can I create pressure on the company to pay up?

 

sachin sharma (Advocate)     13 March 2021

A properly drafted legal notice after getting all the case details would serve the purpose.
Legal notice charge would be applicable.

Thanks
Adv Sachin Sharma
9891420243
1 Like

Akash Patiala   13 March 2021

Yes there is a legal procedure for that.But at first to reach the goal we need documents as for the purpose of evidence.Documents like intent letter and any other document which can prove that you are working for that company.Your salary slips and any other type of legal document.
Thanks
Legalexperts email-akashdeep7172@gmail.com

SHIRISH PAWAR, 7738990900 (Advocate)     13 March 2021

Hello,

The company has to pay your unpaid dues. Send legal notice to the company and demand your dues. Later on, you may approach the labour court and file a case against the company. It may take around one year to decide the case.

Raghav Arora   13 March 2021

Thanks, Mr. Panwar. 

Any comment on chats being used as evidence? 

I informed my friends about the promotion when it happened. Can that be given in court to show that the promotion was effectuated at that point in time?  Else why would someone be celebrating?

Also, in the notice, what all sections will be attrcated? 

Loveadi Jain   13 March 2021

send them a legal notice firstly through an advocate

thanks and regards
Adv.Aditya Jain

Naman Bhangde   13 March 2021

send them a legal notice.

Saurabh Dikshit   13 March 2021

chats with friends, who are not part of HR and company will not be considered as evidence. File an application with labour commissioner, mentioning all details point wise you will definitely get justice there, its a time taking process you need to have patience, for pro bono services write to me saurabhd4@gmail.com
1 Like

Veneet Chadha   13 March 2021

Send them a legal notice. If the matter gets solved through it, well enough. Otherwise, you have to approach the labour office and file a case against the company for recovering the pending dues.

You can contact me on 8368312525 for detailed advice on this matter.

Advocate Veneet Chadha

Labour law Experts

1 Like

Mrityunjay Joshi   17 March 2021

You have to do three things step by step :-

1. You have to complaint the same to your superior officers or Managing director of the company in written and take received on the letter from the office. If they will not give received on the letter then do the registry of the same from post office. It will more helpful in filing the suit before the labour court. 

2. After that if they will not resolve your issue and will not pay the amount of your salary then you have to send a legal notice by an advocate to the Managing director and your superior officials of the company. It will also be sent through the registry, so we have sufficient proof of not paying heed on your issue by the company. 

3. Even after they will not pay the amount then you have to file a complaint against the company with proper evidence. Because having appropriate evidences you are having 100% chances of winning the case. 

1 Like

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