dipak sen (staff) 03 October 2019

Salary

If employer not paying me salary for several months with no reason, can I complain to police?

11 Replies

G.L.N. Prasad (Retired employee.) 03 October 2019

First explore all avenues open like Established trade unions, through Labour commissioner, the legal notice and then you will be in a position to understand the ways to get a remedy. Police are not having powers to recover your salary, at the most they may pose threat and bring pressures for paying your salary, and at the same time if the employee is stubborn and may seek a revenge by further harassing you (including filing false complaints) and your focus will be then diverted to protecting you. Contact the Labour inspector for a way to come out.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 03 October 2019

No, you cannot report to Police as not paying salary is not a criminal offense. You may seek assistance from the Trade Union if any. In case there is no Trade Union, you may approach the Labour Commission under whose jurisdiction your Employer's Office/Factory/Unit falls under with full details.

Before taking the drastic action of reporting the matter to Labour Commissioner, you may have a detailed discussion with the HR department and/or Proprietor/Managing Director of the Firm/Company and express your problems.

Adv Deepak Joshi +917017821512 (Advocate) 03 October 2019

serve legal notice than file Recovery suit in competent court

P. Venu (Advocate) 03 October 2019

Have you been singled out for denail of salary or is it the case with all the employees?

dipak sen (staff) 04 October 2019

i have seen singled out. Is it a case of cheating? Police will take action? Or can i quit job immediately after sending one email without serving notice of one month on the ground of non-payment of salary, violating the terms on the appointment letter?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 04 October 2019

Have a talk with your Employer to elicit the reasons for their not paying salary to you alone. There must be a reason. If for no reason you are singled out and salary is not paid, it's a fit case for Trade Union and/or Labour Commissioner. Police have no role unless you are forced to work with a threat to you or to your family (onus of proving such threat shall be on you alone).

P. Venu (Advocate) 04 October 2019

The subsequent posting suggests that the real issue is not non-reciept of salry, but quitting the job without serving the Notice Period. No definite suggestions are possible in palying hide and seek.

Dr GYV Victor 06 October 2019

Since you are on active employment, better take advice of an Advocate as your company should not create record of you working against the interest of the company or for trading company secrets. If you are single out for payment you should discuss with your HR and seek the reason for non payment of salary. If IT is deducted and paid to the government that indicate either you will be charge sheeted soon or disciplinary action is foreseen. Don't jump into premature conclusion but seek advice of an Advocate