Employer is not paying salary

Do not stop going to the office otherwise he will make the allegation that you have left the services without any intimation. Send him the Legal Demand notice for the payment of salary in writing through Regd. A.D. giving 15 days time to pay the same. And if he still did not pay you can file the case before the Labour Court.

Mr. Malhotra has given valuable advice. Kindly follow it.

Hope you shall take this post positively.

It is felt that there is no point in wasting time with this employer. Firm up your next venture as ap.

Obtain copy of attendance marked and all other relevant documents which would be useful in your matter.

Narrate all representations (in writing under acknowledgment) made by you so far ( mention phone numbers, date, names of company, company ‘s officials/designation/address…………………emails etc) and raise your demand and conclude that you have faced acute financial hardships and other hardships associated with financial crunch, due to non payment of earned wages/allowances/reimbursements for the months of …………………………despite many representations and the response you have got is on dated…………………that……………..etc

Submit reminders. If you are contemplating to resign/stop attending office, submit a prior notice and conclude that in such situation you are unable to bear the expenses and the notice period/pay has lost its sanctity and validity.

The employer shall be too happy to square off your dues and adjust notice pay, claim loss etc……………..

The company must have registered its office in Mumbai ( Confirm) and in that case you can approach Inspector under Bombay Shops and establishments Act, which is so employee friendly………………………….

You can also approach Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm), o/o Labor commissioner………………………..civil court.

Many employees and their counsel are able to resolve such matter s by applying exceptional levels of mediation, arbitration, negotiation, reasoning, persuasion, persistence, conclliation skills.

You may go thru an interesting thread at;

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UeI3aNKAqWN

There are many threads you may find useful:

Valuable advice of learned experts is sought.

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM

https://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM

https://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM

https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM

https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

Thank you Sirs for your swift replies. After posting my query here, i tired one more time to contact my employer and luckily he answered my call and assured me to pay my dues within 2 days. I shall wait for 2 days and thereafter take the necesary action suggested by you both, if required.

Thank you Mr. Malhotra and Mr. Doab for your valuable advices. 

Rgds,

It is a clear case of breach of contract between employer and employee and damage can be compensated under section 73 of Indian Contracts Act, 1872.

Firstly, you should approach to labour officer of your area and lodge a complaint to Chief Inspector under State Employees act applicable to your state. Then serve a legal notice to the employer for non- payment of your due salary. You can also file a money recovery suit within statutory time period under order VII before the Civil Court where the office of his company is situated. Don’t worry; your appearance in court will not be required on every occasion. It will be required while furnishing evidences. Filing civil suit under Order XXXVII can also be a smart option. It is a very powerful and expeditious remedy provided under the law for recovering money. However, if you want to take a legal advice or send a legal notice to your employer log into lawkonect.com, the site is very helpful and helped me out of the problem.