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SAz (not working)     01 July 2013

Non payment of last month salary

 

Hello,
 
This mail is regarding non payment of my last month salary from my previous employer.
 
I worked with my previous employer for 6months and got relieved on Aug 31st 2012 by serving 30days of notice period.since then i have been following up with them for payment but they are not responding.kindly guide me how can i go forward in collecting my salary.
 
Thanks in advance
 
Regards
SAZ 


 1 Replies

Kumar Doab (FIN)     01 July 2013

For unpaid wages employee can approach Trade Unions, Inspector under   Shops and Establishments Act of the state, 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) , Labor Inspector in o/o Labor Commissioner. The contact details can be obtained from o/o Labor Commissioner.

 

 

You may approach a competent and experienced labor consultant/service lawyer with all of your documents and issue notice to company.

 

In many of the cases legal notice of the lawyer drills sense into the heads.

 

Your lawyer can opine that you are covered in definition of ‘Workman’ or ‘Employee’ as in Delhi Shops and Establishments Act or not.

 Payment of Wages Act is applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm. If covered the employee can approach Inspector appointed under this Act.

 

Or you may have to approach civil court.

 

 

 

 

 

 There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt

 

 There are many threads on similar queries which you may find relevant and useful.

e.g;           

 

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

 

 

 

 


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