• Salary not received for more than 18 months

I have visited Muscat ( Oman ) in Feb-Mar 2018 , they have office in Bangalore and Muscat , Dubai. I got recruited from Bangalore and sent to Muscat. I have worked for a month at customer site. Initial visa for 21 days and got extended by a week total 30 days worked at client place. I have got my 50% of my salary 6 months back. I am yet to get my balance approx 1 Lac from my employer. I have sent numerous reminders, no response at all. I have not received my pending salary. it is almost 18 months now. Kindly help, I do not want to get cheated by cheap thinking people and it should not continue for others like me.
We go to unknown places for Job to earn money. I do not want them to cheat us.
Asked 6 years ago in Labour

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16 Answers

Dear Sir,

You may get issue a legal notice and file a civil suit to recover the arrears of salary.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Issue legal notice to company to pay your outstanding dues 

 

2) if company fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues 

Ajay Sethi
Advocate, Mumbai
99893 Answers
8153 Consultations

Hi, file a Petition before the Labour Commissioner for not receiving the Salary or else you need to file suit for recovery of money before the Civil Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Increase your temporary is not paying your outstanding salary then you have to send legal notice to clear your dues within 15 days from the date of receipt of the notice and in case there is no complaints by the employer then you have to file a money suit in the local Court you have to pay fees accordingly and your employer has to to do the compliance to answer the notice issued in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Send them a legal notice calling upon them to forthwith release your uncleared salary. 

If the legal notice fails to help, file a summary suit for recovery or approach NCLT.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Querist

Immediately issue a legal notice to them and if they are not making the payment within the notice period than file a civil suit for recovery before the civil court and also initiate the proceedings before the Labour Commissioner against them.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

If they have office in India you can file your complaint to labour commissioner for the same. They will direct them to pay your dues

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

See you can serve legal notice to the company for payment of the salary due and in case on notice if they fail to give you your salary you can file a suit for the recovery of the amount. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

You may make a complaind to the Labour Commissioner.

You may also file a suit for recovery in the civil court but you have to pay court in the civil court.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Issue notice to your employer (all concerned) demanding your balance salary.

Followed by (if it is company) you can also file money recovery suit viz., (1) Summary Suit or (2) Raise the issue before NCLT (if it is applicable to your case)

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

Just for one more time ask your employer in writing to give you your paycheck. Keep a copy of the letter. Try to follow whatever procedures your employer has for settling paycheck problems.

If you still do not get your pay, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

An employee can file a suit under Section 33C of Industrial Dispute Act, 1947 for recovery of money due from an employer. Such cases have to be decided by labour court within a period not exceeding Three Months.

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort.

The legal notice is a very important psychological tool. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

File immediately a case under Sec.33 C 2 of the ID Act before the Labour Court or the prescribed authority to recover your salary.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You start by sending legal notice to them asking to repay the entire amount within 15 days of receipt of the legal notice along with interest, compensation and legal notice expenses.

If they fail to adhere within the stipulated time, you can file suit for recovery in civil Court against them.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Send legal for demand of due payment with interest. Still not paid, complain to labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Serve a legal notice to your company for release of your salary and all the arrears. It is advisable to consult a well experienced lawyer for the same

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

You should send a legal notice for recovery of your balance salary as per your CTC. 

If they doesnt reply or refuse to refund the money you should file a recovery suit in the court having jurisdiction.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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