• 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 4 months ago in Labour from Bangalore, Karnataka

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.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

Send him legal notice to release full and final settlement. Still not paid, approach labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

Dear client,

You can make complaint of your employer in the office of Labour Commissioner. You may also file a suit for Recovery. 

Jaswant Singh
Advocate, Gurugram
429 Answers
1 Consultation

4.8 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
9343 Answers
3 Consultations

4.5 on 5.0

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.

 

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

A legal notice followed by a case in the labour court can be filed against him.

Regards 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

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. 

Ashish Davessar
Advocate, Jaipur
26103 Answers
775 Consultations

5.0 on 5.0

Hi, you can file a civil suit for recovery in court 

Hemant Chaudhary
Advocate, Gurgaon
4248 Answers
30 Consultations

4.9 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
2080 Answers
141 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

Dear Sir 

Get issue a legal notice and/or approach Labor Commissioner.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4247 Answers
108 Consultations

5.0 on 5.0

Send your ex employer a legal notice, seeking forthwith release of your unpaid dues. If the legal notice fails to help, approach NCLT.

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

You can complaint to labour commissioner.  He will take action against the said employer

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

Yes file a case under sec.33(c)2 of the ID Act before the Labour Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
1693 Answers
1 Consultation

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

See court fee as per amount and lawyer fee shall be applicable and you may get the rightful amount company owe to you.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

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. 

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

You would recover your outstanding dues 

 

legal fees depend upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

No court fees, full amount payable by order of commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

You have to prove your employment with salary slips and attendance registers copy. it will take around 1 to 1.5 yrs.

Jaswant Singh
Advocate, Gurugram
429 Answers
1 Consultation

4.8 on 5.0

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.

 

 

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

You can hire a lawyer or can also file the same yourself.  Lawyer fees varies from lawyer to lawyer.  Chances are good

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

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 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

Not so expensive , rates differs from counsel to counsel so please go to the labour court and discuss with lawyers there.

Koshal Kumar Vatsa
Advocate, Gurgaon
1693 Answers
1 Consultation

5.0 on 5.0

  1. 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.
  2. 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).
  3. 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.

Sanjay Baniwal
Advocate, South Delhi
4773 Answers
11 Consultations

5.0 on 5.0

It may cost around 10 --15k. You should file a complaint against the employer if the amount is substantial.

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

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