• Overdue salaries

Working in Sahara Prime City Ltd. and have not been paid salary for the past 6 months now. Have received 3 part payments of 40 K each since December 2014 but the actual salaries of the Months of September, October, November, December 2014 and January, February & March 2015 have not been paid. The Salary & the reimbursement amount per month comes to approx 1.40 Lac. How can I recover this overdue amount. Do I have to resign first to send a notice to the company or can I fight for my rights while carrying on with the service. Please advice.
Asked 1 year ago in Labour from Delhi, Delhi
1. Send a legal notice through a Lawyer at once to the management of Sahara Prime City Ltd to pay your 6 months' salary immediately.
2. If it does not work, complain to the Regional Labour Commissioner about the same.
3. You need not resign from the Company at the moment till you recover your salary in full from the Sahara Prime City Ltd.
4. Is yours an isolated case or other employees are also facing the same problem.
5. You can form a group of such employees who are not paid salary regularly and take the management to task by initiating the proceedings in Labour Court
6. Chances of your recovering your dues are quite high.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hello,
1) You have limitations to fight for your salary dues while still working with the company.

2) If you have intentions of resigning, it would be best to do so and demand the arrears of payment due to you. As you have rightly realised there is no logic in carrying on a non rewarding job. This can prove detrimental to your own future prospects.

3) Yes, while tendering resignation do mention on detail the pending arrears and demand the payment and state that the reason for your resignation is non payment of salary.

4) Of payment is not made still you will need to begin by sending a legal notice to the employer demanding payment. If the company is still adamant thou will need to file a suit for recovery.

5) You have the brightest chances of getting your dues recovered.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Service contract is like any other contract. You can sue the party for breach. You can claim your dues by filing a suit for recovery of wages in a civil court. 
The company is not terminating the services because of liability to pay compensation. If any job is in hand you can resign but then company may take advantage of relieving you by adjusting notice pay. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
If you wish ,may resign but not for the sake of recovery of salary and other dues. You can recover the same whether or not in service. Send them letters/reminders, if not done earlier, asking for release of salary etc. If already done so then serve them with a legal notice through a lawyer. IF you apprehend that by demanding salary or sending legal notice, they would terminate your services or harass you, file suit for recovery and injunction against the same. You will definitely get your salary and dues.For any clarification  you may contact through phone consultation of this site.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. What is the financial condition of your employer?

2. If you understand that the company is in bad shape then try to change your job first,

3. After that all te employees can file a wind up petition before the High Court praying for the direction upon the company to wind it up and pay your arrears first before settling the dues of others.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Before resigning you should claim your arrears in writing,

2. In your resignation letter also you can make a mention of your said claim.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
If the High Court directs winding up of the company, then the said company's assets will be sold to pay off your dues first.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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