You can file cases against them. It will take time as their lawyer may be applying delaying tactics. Meanwhile join someplace else.
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Salary payments delayed by 5 months
I work as a teaching faculty at RAO IIT coaching institute in Mumbai. The company has been delaying salary payments by 20-25 days between two payments from last one year and as of now the total delay has been accumulated to 5-6 months. The company owes me payment from the month of April, 2019 till now(September, '19). The company has hired me as a consultant and not as an employee. They have not provided me the updated employment contract on paper. I only have the job offer letter from 3 years ago and I have attendance records in their database. Many other people have filed cases against them and not getting much success. More than 30 faculties had to quit without getting their pending salaries. One of my friends served proper notice period before leaving and even his dues have not been cleared after 8-9 months of resignation. Faculties who are leaving dont want to get involved in court cases as they are not seeing other ex-employees (who have left long time ago) getting their money back.
Asked 6 years ago in Labour
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11 Answers
They can recover their salaries through office of labour commissioner. You can approach labour court also
Issue legal notice to Rao IIT to pay your outstanding dues
2) if they fail to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest
1. Serve a lawyer's notice to the institute initially to release the arrears of salary. \
2. If salary arrears are still not released then a suit for recovery of money in the civil court.
3. It takes time to get success in the civil court.
Send a legal notice first. .If they fails to pay then file a suit / complaint before Labour court .
See if it is a company and you provided service to them as consultant basis then in that case you can serve them a demand notice under IBC if amount is more then one lakh for the due amount if they fail to pay you can file a insolvency petition against the company before NCLT.
Dear Sir,
It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality,
There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer who has a track record of doing such matters.
Government staff are entitled to interest for delayed payment of salary, says court
Government servants are entitled to interest for delayed payment of salary, the Madras High Court Bench here has held. It also ruled that courts can order payment of interest even in the absence of a specific provision in the service rules since such delay violates the Constitutional right of the employees.
Justice R. Subramanian passed the judgment while allowing a writ petition filed by a 71-year-old retired government servant B. Thirumoorthy of Madurai in 2013.The judge directed the Highways Department to pay interest at the rate of 10% per annum for paying in 2010 the monthly salary due to the petitioner in 1999.
Justice delayed will not justice denied. Will take time but they will get their payment with interest. Join them. No otehr course.
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..
You should lodge FIR against the owners of institute under section 420,406 IPC for not giving salary on time.
And cheating with you by criminal breach of trust.
You can tender your resignation since no salary no work is the policy.
You can issue a legal demand notice demanding your arrears of salary and after that you can file a money recovery suit befor a civil court for recovery of your salary dues.
