If an employer refuse to pay the salary to its any of employee however he/she works with those employer. Such cases are especially seen at the time of firing any of employee thinking that an employee’s have not options to pursue a complaint against an employer. Such cases are very common in India. An employee commonly think that I alone cannot do anything to such a big company because the proper knowledge regarding this matter is not available in public domain and due to unawareness of an employee boost the company to repeat such practices again and again with different employees.
As a matter of fact there are several options for an employee to do that can force an employer in a huge trouble.
There are several legal process for an employee to recover salary or wages. Indian Labor Laws deals with such issues of non-payment of wages with effect from Sept. 11, 2012, the wages ceiling under the payment of wages Act 1936 and under this act an average wage was increased up to 18000 per month pursuant to a notification by the Indian government. In case of non-covered under this act, other remedies are also available.
The first step that can be recommended is sending a notice through credible lawyer who has a long experience in such matters. We provide proper and positive and effective response by our special and expert professional possessing years of experience dealing in such matters.
Section 4 of the payment of wages act states as following:-
Fixation of wage Period
- Every person responsible for the payment of wages under section 3 shall fix periods in respect of which such wages shall be payable.
- No wage period shall exceed one month.
Month’s Salary Distribution System
- If a person is working in an establishment with a wage less than one thousand the wage shall be paid before seventh day of a month.
- If a person is working in an establishment with the wage of more than one thousand shall be paid before the expiry of the tenth day of a month.
- If the employee terminated by the employer the wages earned by employee shall be paid by the second working day from the day of termination.
Action steps to be taken by and employee.
If an employer is not paying your salary you can take the following steps against the employer: –
- First of all you should approach to the labor commissioner immediately if your employer doesn’t pay up your salary. They are liable to reconcile this matter and if no solution is reached then the labor commissioner will hand over this matter to the court where a case will be pursued against your employer.
- Industrial Dispute Act: Under section 33 (c) of Industrial Dispute Act 1947 an employee can file a suite against an employer. If the salary is due from an employer, the employee can claim for recover the money either himself or can authorized in writing on his behalf to do so. In case of the death of an employee an authorized person can make an application to the labor court for recovery due money.
The person who earn more than 18000 a month can take the following steps: –
If an employee has worked as a manager or executive level he/she can file a case against the company in the civil court under order 37 of civil procedure. This is the faster way and so it called summary suite. It is much effective but it should not be pursued as first resort. Only 5-7 % cases required this stage.
Following steps are recommended to be taken
Step 1: – A legal Notice should be sanded enumerating all the actions may be taken against them. You are strongly recommend to determine a lawyer who has good track record of resolving such cases.
Step 2:- You can approach to police and file a cheating case, but you should have enough evidence for such fraud. A lawyer can assist you to prepare a detailed case file as per your concern.
Step 3:- If either the criminal case is not an option or it doesn’t produce results you are recommended for going for a summary suite or labor court as per the case or as the case requires.
Since we have a long track record having years of experience resolving various such type of cases, we ensure you that if you hire a good lawyer then your case doesn’t need to go to the higher stage. If it produce in early stage properly, it may resolve on the early stage which will save your time and money. Therefore it must be kept in your mind that an expert lawyer will play a vital role in your case.
- Employment agreement
- Job offer letter
- Termination or resignation letter
- Past payslips
- Any written or recorded communication with the employer regarding the matter
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