• Unpaid salary after termination

My employer decided to terminate me. As per my employment letter I am entitled to receive 3 months notice pay or notice period.in case of seperation from the company.Since company did not allow me to serve the notice period, they should have paid me the salary.They have since not paid me and do not intend to pay me.

What legal course of action can I take for the same?
Asked 6 years ago in Labour

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12 Answers

Issue legal notice, still not paid. Approach labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Firstly, you will have to serve legal notice on your employer asking him to pay 3 month salary along with interest within 15 days of receipt of the said notice.

If they fail to do so you will have to file a suit for recovery in civil Court against them.

Simultaneously, complaint can also be given to the labour commissioner against employer.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

issue legal notice to company to pay your dues 

 

2) if company refuses to pay you can sue the company to pay your dues with interest 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You will have to hire an advocate to draft the legal notice to be sent to your employer on your behalf.

A complaint can be given to the labour commissioner simultaneously.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Nothing will attach, just mention facts of matter and clause which entitles you 3 months advance payment in case of immediate termination. It will address to company and your OIC- officer in charge and complain to about commissioner too.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

In legal notice draw attention to terms of appointment letter 

 

2) that in event of termination you are entitled to 3 months  notice period or salary in lieu of notice period 

 

3) that no such payment was made to you . No need to enclose documents to legal notice 

 

4) if employer refuses to pay then sue the ex employer to recover the dues 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can file a complaint before dy labour commissioner after sending a notice to employer. If resolved then it's good else you need to go before labour court

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Send a legal notice to the company and if they do not do the same after the notice also then file a case against the company before the Labor Court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file a case for your unpaid salary, as per law. If the employer harrasing you, you can lodge a complaint WTC., you can file your financial dues in labour court get your legal dues. Consult local advocate and file a suit.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No need of any notice , you can file directly an application u/s 33 C 2 of ID ACT for the recovery of money due towards the employer.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If you confirm this rule of the company then you may send a legal notice invoking this clause and demand your salary that is due to you because of this termination of employment.

Let them give a reply denying the salary arrears and the dues to you, after which you can proceed legally to recover the same as per law. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You consult a local advocate and send a legal notice demanding your salary that has not been paid by the company while terminating your services.

Rest all other things will be taken care by your advocate. 

You do not have to endorse a copy to the labor commissioner so soon.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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