• Salary withheld

My husband has 5 working in an events organisation company for the past 6 months, he was never given an appointment letter each time he asked for it his employee kept tellin he would get in a months time, his role was assigned to him only verbally, my husband was to run the organisation and report the changes which had to be made in the office, he did it and mailed it to his employee, this employer not once has informed other employees that my husband was to head organisations even time my husband asked him to inform the other employers his role he always put it off, it came to a point where my husband was just pushed aside with nothing to do, he was not included in any mails pertaining any events, every time he called or tried meeting his boss he was ignored, Now this boss of his has withheld his salary and sent him a mail stating that my husband has not contributed to his company. Can we take any legal action against him?
Asked 2 years ago in Business Law from Bangalore, Karnataka
1. Withholding legitimate salary attract both civil and criminal liability.

2. Try to amicably solve it and change the job asap.

3. if his due salary is not paid then file a civil suit asa well criminal case of cheating and criminal breach of trust.

4. meet a local lawyer.
Devajyoti Barman
Advocate, Kolkata
6906 Answers
78 Consultations
4.9 on 5.0
Hi,
 1. Your husband should send the employer a legal notice for the salary arrears due.
2. Since your husband was not given an appointment letter and also no bank record of salary credit  is a disadvantage to your case.
3. In the legal notice mention the way how your husband was recruited and You should also find out  the way his attendance was marked to prove that he had worked in the company.
4. Get an advocate to send a strong legal notice, if the employer ignores your notice, you should approach the police and file a criminal complaint, filing a civil suit is the next  option to recover the money.
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
First gently ask him the reason  for the same and try to get a letter of his roll in the company does he used to sign in office daily.after then issue a legal notice god arrears of salary.then file a suit in the civil court for recovering the same.if could get in association with any workers association it is good
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) your husband does not have any appointment letter . 

2) he does not have any documentary evidence to show that he was employed with said organisation . 

3) you have not mentioned how was his salary paid for period he was employed with company . 
4) further no details have been provided in your query as to salary arrears due and payable 
5) contact a local lawyer . issue legal notice to company for recovery of salary arrears .
Ajay Sethi
Advocate, Mumbai
27315 Answers
1486 Consultations
5.0 on 5.0
Dear Querist
Send a legal demand notice and if they are not ready to make the payment within time then file a civil suit for recovery against them before court or file a complaint before Labour commissioner.
Nadeem Qureshi
Advocate, New Delhi
3812 Answers
151 Consultations
4.9 on 5.0
1. Was your husband an employee of the said Company?

2. Was there any advertisement inviting application for the post wherein your husband is purportedly working?

3. If he was not a regular employee, was he a contractual performer?

4. Your query has no such details,

5. He neither has any  appointment letter nor any performance agreement to fight with,

6. You said that his salary has been withheld without mentioning as to for how many months the said salary has been with held,

7. Did he ever get his salary?

8. Without having the above information, it is very difficult to advise properly.
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
5.0 on 5.0
Hi,

In the absence of appointment letter you can rely on other documents such as Emails, Travel booking done by company in your name and other similar documents to substantiate your claim. While sending the Legal notice narrate in detail about his role in the company and which particular projects her has worked and to whom he was reporting etc. then it would become difficult for them to deny your claim.

Regards,
Sandeep Hegde
Advocate, Bangalore
387 Answers
101 Consultations
4.8 on 5.0
1. If no appointment letter or pay slip was issued to your husband then it will be very difficult for him to nail the company in the court. 

2. There are lots of legal remedies available to an employee whose salary has been withheld by the employer but he has to produce int he court proof of the fact that he was entitled to salary form the company and the same was denied to him.

3. If the earlier salary was paid by cheque then the cheque can be used in court. The e-mail sent to your husband by his employer can also be used in court by your husband subject to its contents. 

4. Contact a lawyer personally and show him all the documents/emails you have.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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