See if your employer is company then in that case you can give a demand notice under IBC if the amount is above one lakh.
Alternwtively you can also approach civil court to recover the salary from the employer along interest.
Unpaid salary by employer
My previous employer has not payed my salary. I want to know if there is anything that can be done about it.
Asked 5 years ago in Labour
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28 Answers
Issue legal notice to your employer to pay your outstanding salary
2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest
Send him legal notice to release full and final settlement. Still not paid, approach labor commissioner.
Dear client,
You can make complaint of your employer in the office of Labour Commissioner. You may also file a suit for Recovery.
If your ex 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.
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.
depend upon your designation?
you can approach the labour Court or you can file a civil suit for recovery against the previous employer for outstanding salary.
A legal notice followed by a case in the labour court can be filed against him.
Regards
You can recover the arrears in salary by your employer for which you will have to serve a legal notice asking them to repay the entire amount along with interest within 15 days of receipt of the legal notice.
If they fail to do so you can file a suit for recovery against them in civil Court.
Alternatively, complaint can also be given to the assistant labour commissioner.
1. Your query is ambiguous.
2. Did you resign or were you terminated? If you resigned in accordance with contract after adhering to the notice period then employer is bound to release your salary. Serve a lawyer's notice to the employer and then you may file a suit for recovery of money to recover the principal sum along with interest, damages and litigation cost.
Hi, you can file a civil suit for recovery in court
1. Send a legal notice to the employer to forthwith release your salary.
2. Complain to the jurisdictional Labour Commissioner of non-payment of salary to you and request for his intervention.
Have you sent any representation in writing demanding him to release your salary?
If yes, what was his reply?
However you may issue a legal demand notice through an advocate and see his reaction, you will get some respite on this
Dear Sir
Get issue a legal notice and/or approach Labor Commissioner.
Send your ex employer a legal notice, seeking forthwith release of your unpaid dues. If the legal notice fails to help, approach NCLT.
You can complaint to labour commissioner. He will take action against the said employer
Yes file a case under sec.33(c)2 of the ID Act before the Labour Court.
Can you tell me how much will the entire process cost me? And what are the chances that I will get the money that is owed to me?
Asked 5 years ago
Fees varies from lawyer to lawyer.
If evidence to show so that you haven't been paid for the time you have to work in the company, you'll get your money.
Rest, no lawyer can guarantee you as to what would happen.
See court fee as per amount and lawyer fee shall be applicable and you may get the rightful amount company owe to you.
Chance, can't be guessed at this stage. The legal notice might or might not work. Fee for legal notice varies from lawyer to lawyer.
You would recover your outstanding dues
legal fees depend upon lawyer engaged by you
No court fees, full amount payable by order of commissioner.
You have to prove your employment with salary slips and attendance registers copy. it will take around 1 to 1.5 yrs.
1. the fee depends upon the outstanding salary, lawyer's status, facts etc
2. chances depends upon fact of cases, however, chances are always GOOD in cases of outstanding salary.
You can hire a lawyer or can also file the same yourself. Lawyer fees varies from lawyer to lawyer. Chances are good
It depends on the advocate fee which will be charged for the services availed,
in general the employer has to answer the legal notice sent by an advocate or else he may have to face legal consequence in court
Not so expensive , rates differs from counsel to counsel so please go to the labour court and discuss with lawyers there.
- Company must be having the data for salary paid to its employee, you can use the same as proof by stating in your suit for recovery of salary.
- The suit will be filed before the court of civil court of law and it would cost you nearly half of your salary (depending upon the fee structure of the lawyer).
- But, you would surely get your salary including the interest on it till the final competition of the suit, and also litigation expenses incurred in it.
It may cost around 10 --15k. You should file a complaint against the employer if the amount is substantial.