• Salary not being paid

Sir I was on loss of pay for 83 days.employer has paid salary for 3 months during my period leave.
Now I joined the organization again.when I enquired about recovery procedure they said they will not pay salary for next three months.i have to work for 3 months without salary.how will I feed my family for 3 months.as I am dependent on salary only.
What action can be taken against the employer
Asked 7 years ago in Labour

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8 Answers

Sir kindly write full facts, was the salary in advance was paid to you, your leaves were paid leaves?

See if you are entitled to the salary then you can serve employer a legal nor=tice and ask for the salary as salary is right further if he fails a labour complaint or civil suit according the jurisdiction can be filed. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your employer is not paying your salary even after repeated reminders, it is a clear indication that they do not intent to pay you. Thus, it is best to claim the same through the legal procedure. Before going in for the legal procedure, assure that you have the required documents in terms of offer letter, salary slip etc in order to prove your case. The legal procedure is as follows:
 
Serve a legal notice to your employer for release of your salary and all the arrears. It is advisable to consult a well experienced lawyer for the same.
 

If even after the receiving the legal notice, your employer does not release the salary and arrears, then you can file a petition for recovery before the labour court (if your post is below the level of supervisory or managerial) but if your post is supervisory or managerial or upwards, then you should file the petition before the competent civil court.


In mst cases after issuance of a legal notice, the company comes down to a mutual settlement outside the court itself. If not, you can always proceed further with the legal procedures, with the advice of your lawyer, in order to claim your rightful salary.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1) First check with your employee - employer agreement, whether you're Permanent or Contract enployee what are terms and conditions mentioned in the appointment letter.

2) Before taking any actions against employer you need to read all clauses mentioned in appointment letter.

3) Still yiu want to make complaints against employer you can make complaint to Labour registrar. As per Industrial Disputes Act and Workmen compensation act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

resign from the organisation 

 

2) mention that you are resigning as no salary is being paid 

 

3) search for another job 

 

4) you can take legal proceedings to recover your salary dues but litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

You can file Petition before Labour court demanding your salary. You will get the same if you will adjust the same in your sick leave. But legal action against company can bring you in bad books. You can first try negotiation and requrst then to release it being illegal.

Prashant Nayak
Advocate, Mumbai
34653 Answers
249 Consultations

A. Generally, any Company/Institution will pay the salary based on working days and hours with in the labour law's parameter. 

B. As per the company policy and in terms of the offer letter/appointment order, we would like to know as to how many leaves were offered to your job during the course of employment? 

C. If you are women and If you are going to claim maternity leave without salary deduction if you must have completed 80 working days (12 Month duration) in the company. You are entitled to receive salary without deduction.

D. You may issue legal notice to the HR Department as well Reporting Manager in this regard and you may take action against them before Labour Law in the event of no response from their end  and illogical reply found. But again your job will be unsafe and they will definetly target you in future. Hence, try to resolve matter smoothly. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

The loss of pay is for the absent period alone, this may be for the excess period other than the salary paid for the authorised leave with pay and not for the leave without pay(loss of pay).

Once you have been permitted to join the office then they have to pay the salary for the period you have worked.

They do not know the rules in this regard.

The company management may be approached for relief against this unjustified decision.

If they do not respond properly then you may initiate legal actions demanding salary for the period you worked or else you can file a reccovery suit.

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

It is not clear why your employer has not paid you salary. You may send them a legal notice first demanding immediate payment of all arears of salary.

Swaminathan Neelakantan
Advocate, Coimbatore
3077 Answers
20 Consultations

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