I worked for a company which has multiple subsections into constructions, movie distributions, import-export, event management, etc. Post 5 months of employment I was moved to an NGO run by the CEO's family for fund raising 'as per requirement' where i headed a team of tele-callers. I also handled a job to get corporate tie-ups for funding and CSR activities. Salaries were always paid late between 15th and 20th of every month, sometimes 2 months salaries were paid together.
This time even after 3 months (March 2015 to May 2015) when i didn't see any sign of him reverting on salary matters, I decided to quit in mid June and follow up on personal level with him. Suddenly he texted me saying he was not satisfied with my job, therefore will not pay past salaries. He applied the same technique to get rid off the rest of the staff working on salary basis and has currently 2 staff members working on commission basis.
I want to file a criminal complaint against him, I would also like to file complaint under the labour laws. I was told there are lakhs of cases pending and noone will pay heed to my complaint. I need help. I'm the only earning member in my family- family of 3 where my father and brother are cardiac patients. This money matters a lot to me.
Asked 2 years ago in Labour from Greater Mumbai, Maharashtra
This man is a cheat and must be taught a lesson.
For the acts done by him file a case u/s 406,420 ipc.
Given his horrible record with past employees he would be badly entangled in court cases.
Then take your money and compromise the case.
1) you can issue legal notice to your employer to pay your salary dues
2) if he fails to pay file suit to recover your outstanding dues
3) your employer cannot refuse to pay you salary for work done by you till date
Hi, you have to lodge a complaint before the labour commissioner for not paying the salary to you and they will sent a notice to both of you and conciliation will be held in their office and the conciliation is failed then you have to approach labour court.
You first have to go through your employment conditions and the agreed clauses.
The employer cannot say that he is not satisfied with your job after withholding three months salary and can terminate you without any base.
The employer should have conducted an enquiry and found you to be guilty of the offences charged on you, whereas he has not followed any procedure to terminate you or not giving yo the salary.
You may issue a legal demand notice demanding your salary arrears failing which you may approach labor commissioner and even file a money recovery suit through civil court for the arrears of salary with interest.
Contact a labor law practicing lawyer and proceed as per his advise.
The salaries are to be paid for the period of employment. This is a a liability which cannot be avoided. You can file a lawsuit for recovery to claim the arrears of your salary. A criminal complaint, however, is not made out. Before going to court you may issue a lawyer's notice to your ex-employer.