Dear Sir/Ma'am,
If you think there's been a breach of contract, check the terms of your contract to make sure. In your case, you have not been paid your salary since November 2020 and have not been paid the allowance. If a breach of contract has occurred, there are following remedies available for you.
Legal action
If you can't sort the problem out with your employer, you can decide to take legal action. Remember that you'll only get compensation (called 'damages') if you can prove real financial loss, if for example, your employer doesn't pay your wages. There's no compensation for distress or hurt feelings. Since in your case, you have not been provided with salary since November 2020, you can claim for damages incurred to you.
If you are a member of a trade union, it would be a good idea to speak to them before taking any legal action, as some unions provide a legal advice service for their members. Otherwise, you could talk to a solicitor, or Advice NI. If you do decide to take legal action, it can either be through an Industrial Tribunal or through a civil court.
Provisions for you
India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.
Effective September 11, 2012, the wage ceiling under the Payment of Wages Act, 1936 was increased to an average wage ceiling of INR 18,000 per month pursuant to a notification by the Indian Government. If you are not covered under this act, other remedies are still available.
If your employer is not paying your salary, you can get these remedies.
A) Approach Labour Commissioner:
If an employer doesn’t pay up your salary, 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.
B) Industrial Dispute Act:
- An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
- When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
- In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
- The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
- If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.
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. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort.
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