• Non payment of salary of Regional Sales Manager

I joined as Regional Sales Manager on June 1, 2018 with a finance company registered under companies act 2013, which is a loan provider working like a DSA, head office at Indore with office getting opened in parts of Mumbai ( ex. Thane, Vashi and Malad region ). They were supposed to give me salary on Jun 30 but after me following up with them on July 2, they sent a mail stating that due to new HRMS software getting developed they will credit my salary not later than 10th July. After waiting when I reached them on 10th they again mailed me that the salary will credited by 15th. But when I contacted them on 14th they told they will give my salary on July 31. In the meantime they availed my services in recruiting Branch Managers, Team leaders, and Sales Executives to the tune of 50-60 persons and I also visited various premises for office space in Thane , Vashi and Malad. They have even given letter of intent to all these people basis which many have reaigned from their existing jobs. Earlier a ZSM had to leave because of non payment of salary. What legal course can be taken in such situation and claim atleast 2-3 months salary. My email ID : [deleted]
Asked 4 years ago in Civil Law

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10 Answers

Hello,

You can send them a legal notice at this juncture to claim your share in the property. If they fail to pay your salary even after the same then you may file a case against them.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

2) if company fails to pay file summary suit against the company to recover your dues with interest

3) in alternative file winding up petition against company

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Consult any advocate and issue legal notice by stating the problem meantime the go through the terms and conditions of offer letter by seeing what is your liability against them

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

summary suit can be filed in Mumbai as you were employed in Mumbai

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

suit can be filed in Mumbai.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firstly, you have decided right to go for court case as otherwise they won’t be paying you the salary for two three months.

Secondly, though the headquarter in some other state, but the fact that you have been rendering services in the office at Mumbai make you eligible to file the suit here only.

Thirdly, you should file a suit of recovery of salary before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Case will be file at the place of appointment under Industrial Dispute Act in Industrial Tribunal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No salary no work.

You may plan to initiate steps for recovery of salary through legal means also but you may be targeted and ousted from your employment if you go against the management at any stage, so you may have to consider that fact also before taking any legal steps.

That does not means that you will work without salary.

You make a written representation to the management about non-payment of your salary and secure the record.

Later on you may issue a legal demand notice asking for your salary dues.

Any legal action on this can be taken after this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If a case has to be fought which court it would be since the company is indore headquartered registered under companies Act 2013 but my employment is for Mumbai location and for offices in Mumbai.

You may have to route all the correspondences to the headquarters only becasue you may not get any response from the regional offices located elsewhere.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. You can first send a formal letter from your side to your HR and the employer and if they don't pay your dues you will take legal action;

2. If he still does not release your salary then send the HR and your employer a legal notice through a lawyer;

3. If they still do not pay up then your method of last resort is to approach a labour court or civil court for recovery of salary dues;

4. Also ask them to pay compensation for the mental torture and the monetary losses suffered by you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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