Salary Not received
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 13 months are still due with the company and the company is not letting me leave. What should I do?
Please note that last week only I met a lawyer near my home and he told me that:
(1) I will have to first send him a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 13 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs
Sir/Madam, my questions here are as follows:
(1) Will I get any other benefits in terms of money apart from the 13 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(4) Since I am not paid since last 13 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly help me as I have already started feeling suicidal being exploited for such a long time.