• Non payment of salary

Hi, I am a professional doctor and entered an agreement with my employer before joining for a salary. however after joining I was never given my salary on time , on repeated questioning they gave an explanation that company is new and problem would be there for few days .however I am completing my contract by this month end and my salary is due for 3 months . I have observed that people who have left due to this problem even after notice period and all formalities ,these people have not cleared their salary too. how should i go ahead with this case . should
Asked 7 years ago in Labour

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3 Answers

1. Serve a lawyer's notice to the employer to release the salary forthwith.

2. If the salary is not paid even after lawyer's notice then the only remedy will be to file a suit for recovery of money in the civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) issue legal notice to company to pay your outstanding dues

2) if company fails to pay file summary suit under Order XXXVII of CPC to recover your salary

3) in the alternative file winding up petition against the company

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

Without salary there is no use of working or being employed anymore.

The salary payment is the main criteria for any employment and if this condition is violated then the employment terms and conditions stand violated by the employer. You hav al rights to claim your salary and arrears of salary by first issuing a legal demand notice, You may even resign your emplyment on this ground.

If the employer is not paying the salary you may drag him to court seeking relief and remedy.

He has to answer the court of law and cannot escape the liability.

Contact a local advocate dealing with service matters for further advise and steps to be taken in this regard..

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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