Employers Refuse Paying Salary

What can you do if your employer does not pay your salary or infinitely delays it?

It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble. However, the knowledge regarding the same is not available in public domain and lawyer’s advice come costly.  

There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer  who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labour laws that deal with the issues of non-payment of wages or salary.

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.
 

Let’s see what the Payment of Wages Act has to say in this matter.

 

Section 4 of the payment of wages Act states – 

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.

Reference 2 – Section 4 payment of wages Act

Monthly Salary Distribution Requirements:

  • A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.
  • A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.
  • If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.

What steps can be taken by employee:

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.

https://lawsikho.com/course/labour-law-hr-managers
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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.

Labour Court Time Line:

Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit.

Reference 3 – Section 33(c)(2) Industrial Dispute Act, 1947

What about executives, managers and those who earn above INR 18,000 a month?

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. However, many lawyers are quick to jump to this. Before opting for this, ask your lawyer to exhaust other means.

What if company is not paying with a fraudulent or dishonest intent?

If an employee is affected by the company’s fraudulent activities, then he may seek some strong actions. 

The following remedies would be available in such cases:

Employer Fraud Punishment:

  • Section 447 of Companies Act, 2013 lays down punishment for fraud.
  • Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.
  • Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.
  • Subsequent measures can be taken under Section 447 of the Act.
  • An employee can also file a criminal case against the company under Indian Penal Code.

First Step To recover unpaid salary

Step 1: We strongly recommend sending a legal notice enumerating all the actions that you may take from a credible lawyer. Before going to a lawyer, ensure that they have some track record in doing such work.

Step 2: If this does not work, approaching police for a cheating case, where there is enough evidence for such fraud, is critical. At this stage, it is important to prepare a detailed case file to give to police, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. This is where a good lawyer can make a lot of difference.

Step 3: Where criminal case is not an option, or does not produce results, we recommend going for a summary suit or labour court, as the case may be. In our experience of handling such matters in large numbers, we can say that not more than 10% of such disputes need to go to this stage if the matter was handled well in earlier stages. Challenge is that lawyers are more comfortable and earns more money at this stage, so if they don’t have your interest in mind they might hurry to this stage.

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Important things to keep in mind when you are trying to recover your unpaid salary

The notice is a very important psychological tool, and getting the salary in less time is a psychological game. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. However, only a few lawyers do this kind of work because it may not be very profitable for them.

There are many cases in India where employer does not pay salary for a month or couple of months and easily get away with the same. A good example is of Kingfisher Airlines. When it shut down its operations, many workers were not paid their dues. We handle a lot of such cases at our helpline on a regular basis. If you are facing such a problem, don’t hesitate to use the paid helpline services above.

 

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59 COMMENTS

  1. Hi,
    This article is very helpful. Thank you.
    I have one question. Hope you will give a reply.

    An employee’s appointment letter/contract of employment has many conditions that the employer calls him to sign, but very little rights of the employee are mentioned in it. Suppose an employee has serve two months notice period for resigning the job, else two months salary is payable.

    Suppose the employer holds his salary beyond 10th of the month for which salary is payable, and often the delay exceeds more than a month, will the employee be still liable to abide by the conditions of appointment letter including that of notice period condition?

    Kindly advice.

    • Hello
      Since a contract is an agreement binding upon both the parties with certain conditions under section 10 of Indian Contract Act and if either of the party violates such conditions , then breach of contract occurs and thus agreement becomes null and void .

      Now , coming back to your situation, it is the employer who has violated the conditions of the contract by holding the salary of the employee and thus the contract stands void and the right to compensation and damages occurs on the part of employee against the employer because of violation of the deeds of the contract.

      I hope this information was beneficial for you but still if you find yourself in some trouble , feel free to contact me .

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  2. Hai sir
    This Nagaraju I worked in company April 16 th to August 22 Rd as sale’s executive in My company.and my sales manager terminated due to unplanned leave for 3days. And he not accept my apologies. After that I asked for my salary for August months salary they not providing my salary. I went to office and meet my manager he not responding parpaly. I send a number mail to HR and manager but they are not slove my problem sir. What I have to do..

    • Hello Mr. Nagaraju
      Sorry to hear about the loss suffered by you due to some irresponsible and fraudulent acts of your employer.

      In this particular case , the company or the employer has no right to stop or cancel or terminate your wages as there must have been a genuine reason regarding your unplanned leave.
      In my opinion , you must send the company a legal notice through an advocate with a time period of 15 days with all the necessary information regarding your reason for the unplanned leave, your amount of pending wages along with the compensation and also you must ask to give you a valid reason as to why you were terminated unexpectedly.

      In this case , you will get your pending wages along with compensation from the company.

      I hope this information was beneficial for you but still if you find yourself in some trouble , feel free to contact me .

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  3. HI SIR, I GOT JOB IN SRILANKA I GOT OFFER LETTER DATED ON 1 ST AUGUST 2019. I GOT VISA AND TICKET FROM MY EMPLOYER FROM SRILANKA BUT THEY ARE ALLOWING US TO GO INSIDE DUE TO SOME POLITICAL REASONS, I WAS BEEN RECRUITED BY LOCAL DELHI CONSULTANCY FOR THIS PROCESS.NOW 5 MONTHS OVER NEITHER GET SALARY NOR THE JOB. IN THIS SITUATION IF I GO TO COURT CAN I GET FULL COMPENSATION OF MY SALARY OR WHAT IS THE PROCEDURE THRU LEGALLY? KINDLY ADVISE ME.

    • Hello Mr. Raghuraman
      Sorry to hear about the loss suffered by you due to some irresponsible and fraudulent acts of your employer.

      In this particular case , as you have mentioned above that the company/ employer got the visa for you , which clearly means that you are the employee of the company and it is their responsibility to pay you because the delay in the job process is because of their inefficiency and thus the burden lies on their shoulders.

      You must send a legal notice through an advocate before going to court as it is the first step to start any sort of legal proceedings plus it is cheap . So , draft a legal notice through a lawyer and mention all the details regarding your case and ask them for the compensation for the loss suffered by you.

      Once this process of 15 days of legal notice is done, then you can proceed to labor court for your cliams and the maximum time for that process in labor court is 3 months . Within 3 months , you will get your claim.

      I hope this information was beneficial for you but still if you find yourself in some trouble , feel free to contact me .

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  4. Hi sir
    Im working in one of Fertility Center in Chennai for the past 5 months fur to some unavoidable circumstances I quit the services and the Resignation also accepted by the management and relieved immediately so.i handed over all the responsibilities to HR departments and left from their now they are not releasing my salary I worked from 1 Oct 19 to 7thNov 2019

    Can you suggest me pls
    Krish

  5. I AM WORKING IN SMALL SCALE PRIVATE COMPANY AS PRODUCTION MANAGER IN TAMIL NADU FOR MORE THAN A YEAR.I RECEIVED MONTHLY SALARY OF RS37,OOO AND VARIABLE PROFIT BASED PERFORMANCE INCENTIVE UP TO 25% OF SALARY FOR 7 MONTHS.NOW FOR THE PAST 3 MONTHS MY MD NOT GIVING MY FULL SALARY AND REDUCED BY 25% IN AUG19 MONTH AND 50 % IN OCT MONTH NOT GIVING INCENTIVE FOR 2 MONTHS FROM SEP19 THOUGH GIVEN TO ALL EMPLOYEES BASED ON THE PROFIT EXCEPT ME.I HAVE NOT RECEIVED MY OFFER LETTER AND APPOINTMENT LETTER AS IT IS SMALL COMPANY WORKING 90 PERSONS.I RECEIVED MY SALARY THROUGH BANK AND SALARY SLIP GIVEN BY THE COMPANY.AND BONUS ALSO REDUCED BY 50% BY THE COMPANY COMPARED TO ALL EMPLOYEES.ALSO MY MD FIRING IF I ASKS MY PENDING SALARY AND BONUS THOUGH I PERFORMED WELL I INCREASED TURN OVER OF THE COMPANY FROM 50 LAKHS TO 1,25 CRORES PER MONTH BY UTILIZING THE MAN POWER EFFECTIVELY. HOW CAN I GET MY PENDING SALARY AND BONUS.i AM PSYCHOLOGICALLY AFFECTED BY THIS KIND OF REDUCTION OF SALARY AND CANCELLATION OF INCENTIVES.I AM STILL WORKING IN THIS COMPANY.HE FORCED TO LEAVE THE COMPANY WITHOUT PRIOR WRITTEN LETTER GIVING TROUBLE EVERYDAY WITHOUT ANY REASONS.KINDLY HELP TO PROCEED FURTHER TO GET ALL MY DUES FROM HIM

  6. I was working for a company as a Logistics recruiter. But from last 3 months they are not paying the salary.
    I asked the PF account no. but they are not reverting so kindly share your mail id so that we can send your the details about the company & the correspondence maid with the company.
    You can send me the mail id so that I can mail you the details.

    • Hello Mr. Nihar
      As I have seen the comments on this page are pretty much same and the employees are facing the same kind of trouble regarding their dues ,I have reverted to some of them and I m sharing my email id below along with the contact details.

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  7. I joined a company on march 03th 2017 every month on 10th they credit the salary.I only left the company coz of delay of salary and I call them more than 10 times but no response but still i have not received the salary for that two month. I have not recived the offer letter from 2 years. Please let me know what i can do to get my salary..?? please help me out

  8. Hi, I worked for company called Cox & Kings. They did not pay salary till 30th sep for 3 months & now they are saying they do not have funds. Kindly help

    • Hello Jiya

      Since cox & kings is a company which has now been blacklisted by the courts as many people are having dues and claims against them as the company vanished overnight without clearing the dues of the employees.

      You must proceed to the NCLT and file a petition before the NCLT regarding your claims and compensation . This is the best way to get the money back through court plus it is less time consuming.
      Within 6 months , you must get your claim.

      I hope this information was beneficial for you but still if you find yourself in some trouble , feel free to contact me .

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  9. I have left organization Medsave Healthcare Tpa in May 2019. Inspite of repeated mails to the director , copy to chairman , finance I am not getting my dues – my salary for two months, gratuity and conveyance for outstation visit pending.this organization has a culture of doing this to all it’s employees. However they don’t pay the salary also in two months time. Please help me to know where I can it complain ( heard one can write online complain also)

    • Hello Nandinee

      As per your situation mentioned above, you must send a legal notice to the concerned department regarding your claims. Once the notice period is served , you must approach the labor court or NCLT and file a petition .
      You may also file a recovery suit against the company to get you dues cleared along with the compensation.

      I hope this information was beneficial for you but still if you find yourself in some trouble , feel free to contact me .

      Thank you
      Rishabh Sethi (8077359032, 9643139991)
      (Advocate)(Delhi High Court And All District Courts)

  10. Hii
    I have joined a travel co. in August 2019 but due to verbal and mental harassment I left job . I was not given any offer letter and now they are not paying my salary Can you help me I am in need of money . My another colleague also left for same reason but she left after taking het salary. Please help me.

  11. Hii, Iam Dilip Sharma
    I was working for a Pvt Co. from Last 4yrs as an Accountant, due to some financial problem company closed in the Mid of March 2019 his production but still i worked till June 2019 But they are were not paying My Salary and i didn’t able to have enough money for travelling Exp but they Opt me to come and work i did the same i work until i feel good, but last due to non payment of salary i left my off and started seeking job and after one month i got the job. while geeting job i put my resignation letter and i got the releiving letter, now its a month of OCT 2019 and i still didnt got my pending salary from April to June. what should i do.

  12. Hi,
    My company hired me foe Business Development Executive and i was the 1st and only person in sales team. NO strategy bu the company, no proper tools and i was doing marketing, content creating, social media marketing and they got client but dint got converted to sales.

    I had fixed salary of 25,000 and variable according to revenue generated. Since conversion rate was very less company owner dint pay my salary of August 2019 month till now also in September, CEO asked not to continue the office on 17 September 2019 and it was my last day, I haven’t receive my relieving letter too.
    CEO is saying, you work from home, generate revenue for the company and then take your salary.
    I also told him that you should not delay a month for my salary and he threatened me that he can put some fine on me so much that I only have to pay to the company.

    What should I do ?
    My number: +91 6360964446
    Bangalore

  13. Hey, i need a help.one of my friend joined in class-iv govt service.but last couple of months he didn’t get his salary.At that time,it is mentally,and judicially pressure on him.what is the better way for get payment.any one please cl me on-9853208646
    [email protected]

  14. Hello please help me
    Mera name Harsha hai or me Delhi se Hu Mene 1june ko IMAX ventures name ki company join ki thi 21000 salary par first month me SB thik achanak unho owner ke bimar hone Ka bahan Karke office band Kar dia fir 10 din bad office open Kia JB office ke staff be Salary mangi to vo log fir bahana bnane lage tin din bar JB hum office gye to office band tha call Karke pucha to vha ki senior bolne lgai ki owner bimar hai JB aaynge to apko bula lenge tbhi office khulegi or 2.5month ho gye na office khula na salary Mili bad me pta chala ki pure staff ki salary nhi di please muje advice dijiye ki muje kya action Lena chahiye ab
    Thank you
    Regards
    Harsha

    • Hi harsha,
      In pursuant to your grievance against your employer. petition can be filed against your employer to seek your legal dues. You may contact me to seek legal remedy against your employer.
      Amit Srivastava, Advocate
      7838826685

    • Dear Harsha,

      You can take legal recourse against the defaulting company. We’ve settled so many matters like these and provided reliefs to our aggrieved clients facing such adversities from their employer.

  15. Dear Sir/Madam

    I have joined Assetel Infrastructure solutions pvt ltd on 15 may 2019. Company headoffice according to CEO Poonam mam is in Australia and Admin office is in Model town area ludhiana Punjab.Company has employed me on 15000 in hand salary that was going to come on my bank account and 3000 for convense by cash in hand.
    Whenever i asked for the salary they were giving me some excuses. On 28th june 2019 they fired me without giving any reason Hindi don’t have done anything wrong or against company policy.
    Its being 2 month more after resignation they totally ignored my salary and giving excuses that its on head office. Now they said that they will not give my salary as the salary was not released by headoffice situated in Australia.kindly have a concern i have 28000 salary that was stuck by the company.

    I am not getting my salary from last 2 months even after resignation from the company.
    What should i do i belong to middle class family and money is very important.
    Pls do have a concern its a request.

    Company address in ludhiana punjab is
    Assetel infrastructure solutions pvt ltd.
    2nd floor City tower Model town
    Ludhiana punjab

    Regards
    Daljeet Singh
    9812013235

  16. I have been working as a promoter for a company… Which functions in Mumbai but I was associated for work in Goa… And have not been paid … As it was a part time job, I did not sign any contract neither to I have an appointment letter… What should I do with regards to this…?

  17. I joined as offsite employee working from home arrangement, with a USA employer who was also client of my previous employer and we knew each other as I was working for his projects. Later my company was in shut down phase and I left (February 2006) that job after 6 years and joined another company, and left that on May 2009. From August 2009, I joined the current employer and officially still with him.
    During this tenure of almost 10 years, this employer had skipped many salaries, was never on time but used to pay most of them if not all.
    But since last 3 months he didn’t pay and once a while in a week or two responding with salaries are in process but other directors are not clearing it. I owe 10 salaries as of now and numerous reminders and requests are sent which are not replied mostly at time to time and in rear reply says, will look into it.
    I had given him the intimation as, if 2 immediate payouts are not sent by 30th July 2019, I am resigning on 31st July 2019.
    What are my best options to recover salaries from this USA employer?
    Please help and advise.

  18. I’m general manager in a company.
    Company not paying salary.
    Give your contact number.
    My number is 9650116238

  19. I work in one of software company in Ahmedabad . I worked full month but provide only half salary ,plz help me to get my full salary i deeply need help

    I want to sue legally, as my EMI’s and loans are getting bounced due to this.

    Please help me in this regard.
    contact me on 9898885269

  20. i have left my previous organisation in January and i haven’t got paid from last October-2018 kindly suggest me what should i do already i have written many mails to management regarding the same but didn’t got any positive response from there side

  21. Hi,
    I am Working with Huaptec telecom India Pvt Ltd .
    I give Registration with tearm and consideration.
    I have all proff , they hold my salary also Expeanc .
    Please support me

  22. PLS HELP
    i joined a firm on 1st april and put the resignation on 30th april, but didn’t got paid a single penny for the month I worked in the firm and the organization refused to pay me anything. what should I do now.
    and they released my also on 3rd may without giving any money

  23. Pls help, we 25 employees are doing job in a service provider co. To a construction co. In noida and we havent got paid salary from last 6 months.. every time we talk about salary with the mgt. They tell us shortage of funds and makes pending every up comming one, now they simply saying search job we will pay u latter.. now what to do…pls suggest

  24. hello my name is rahul i working in samay insurance brokers the join date is 02/01/2019
    they provide my first salary at 25th feb but salary date is 10th of every month
    they haven’t pay the salary of feb, march yet and i haven’t receive any positive response from company also HR haven’t help us and not even company please suggest what we do

  25. I was also working Raj Elevators Borivali East, The firm is under Proprietor, I resigned in January 2019 but still not given payment. He is refusing to make a payment.

  26. Hi, i was employed by a LLP company with no appointment letter. But i have all the proof of getting salary and other mail documentation from the org. For a couple of months, the employer has stopped responding to emails and msgs. The company is registered under his wife name. How can i take action aganist them? can someone help?

  27. I presently working with Obotap E Solutions Pvt. Ltd. as an Area Sales manager from Nov 2018. they only pay Nov Half month salary and Dec full month salary in Jan 2019. But in Feb 2019 on name of Portal Upgradation company stuck the fund of distributors and when we asked them for my and my team’s salary they refused to pay the salary and expenses. they full month of feb 2019 gave us fake assurance for salary and expenses. and the same practice do in March month. on 19.03.2019 we asked for salary they again refused for the same and they threat us that they file a suit against the employees for fraudulent activities. now please help us or suggest what should we do??

  28. Hello I am working in a company carmatec it solutions located near bellandur gate , Bangalore
    I have around 2 lakhs of pending salaries to be cleared and my dues are not cleared yet whenever we contact management they make excuses on payments…

  29. Greetings to everyone!!
    A lot of helpful information. Me{and my staff of 16 as well} did not get 2.5 moths of salary because the owners of the company has shut down the place of work. also we don’t have a offer letter from this Pvt. Ltd company can someone guide me what can be a good way to get the salary. We keep calling them but there is no solid reply , they keep saying that they don’t have money to pay and will update soon. Its a Delhi based.

    Thanks In advance
    Jitin Kapur

  30. I work in IBM as a contract employee. My parent company is not paying salary ” on time ” is the issue.
    There’s no process they follow, salary should come on a 1st working day of every month or last working day on the current month. neither is done here.
    I want to sue legally, as my EMI’s and loans are getting bounced due to this.

    Please help me in this regard.
    contact me on 9894569060

  31. Hi,
    I had worked for a company from 2017-2018, in this time period salary was hiked by Delhi government but my previous employer didn’t pay. I have joined another company. Whenever I asked my arrear for month of March- April, he simply say when I will apply for clearance of my bill then he will give arrear.
    Two years has been passed but still I didn’t get my arrear amount.
    Please help me

  32. My name is Bhavana Dubey, I joined Eduvishwa consultancy on 3rd Jan 2019 and still they didn’t given me a salary.
    We are having salary date on every month of 15th.
    What are the actions should be taken??
    It’s in kalyan location.

  33. Amendment required on Labour Act and Modification required on Centralized Employee Provident Fund portal:-

    As per my understanding, this is a problem for every employee, if an existing employee working with the same company and waiting for the salary for such a long time too horrible.

    Most of the private companies are not paying salaries and wages in time and using the fund for other companies profitable works, lying with their bank accounts,

    In this issue, I am having a suggestion to the government must take initiative for doing the modification on Centralized Employee Provident Fund Portal, in the way of every employer must make the (salary or wages) payment to their employees through the centralized EPF portal along with monthly PF, because statutory payments are to be made in time otherwise, the company will be bare penalty.

    Thanks and Regards,
    BOSU BABU VINNAKOTA
    8317650167

  34. Hi ,
    I joined the dreamz imc company in 8 aug and my 2 more friends are join with me but the company is very unorganized …they give my salary 20 to 22 example” if am work in jan month ..they give my salary in month of fab 22nd ……am really fedup with company

  35. Last months my sales are low, so management was told me I will not accept you in my company, so I was resonated for my job in 27/12/2018. The issue is a company not give me my salary and not released me. So what should I do?
    A company did not give me any note if your business is low, I will not release your salary not mentioned in my official letter or mail.
    Last review meetings company told me we will not tolerate you in my organization so I was given Resign 27/12/2018, I was asked in my resign letter if you give me any notice period soi will be served, but the company did not accept my resign letter and not released me.
    Till the time company not released my salary, I called my director so he was told me we will not pay your salary because I was paid you extra amount to your company business(Sales), My Director told me I have no fund to give you the salary.
    Please help me what should I do?

    Please count me if you have any solution

    • I Suggest you consult a good labor lawyer or labor commissioner so that he will help you get released from your present company atrocities.

  36. Hi,

    One of my family member joined one company- Apexvisa in Delhi district center. She worked there for approx 2 months and due to family issue, she went on leave by informing employer.

    Later on her leave was rejected and she has not been paid the due salary for 10 days.
    There was no letter signed with any clause earlier. The offer was mentioned only in the mail and no such condition was mentioned to not pay in such situation.

    Now company is threatening on pending salary request and employee has formally resigned when came back from leave.

    Please suggest.

  37. sir/madam:
    I am mohammed yunus from ap india ,am working in construction company as site engineer from starting onword he didn’t clear my salary,and now he compleatly hold my salary from 4 months
    i am going to finish my project ,he ignoring me. plz help me to get my salary i deeply need help

  38. Hello,
    Thank You, it is very informative !
    But i have an issue – I do not have anything in Writing like an Offer letter, email etc., which can prove my employment with this company.
    It was through a strong reference that I joined this company, and all commercials, assurances etc, was verbally discussed & agreed, which was supposed to be given to me in Writing later.
    And it was discussed & agreed that – for the first 3 months, I will not get paid immediately by my employer, and only my petrol & misc. office expenses would be paid. And at the end of 3 months, employer will review my performance & if everything is Okay, I can continue or else if (it’s not working) & I wish to discontinue, i may do so and he will pay my 3 months salary before I leave.
    In case i continue, my salary from 4th month will be paid regularly (as agreed) along with my balance amount (first 3 months salary), that will be paid in installments (in addition to my regular salary)!
    And after working for 5 months, I have told my employer that I will not continue further (over an email). But my employer has still not paid me my salary. And I have sent an email mentioning my settlement dues & claims, to which my employer is saying that – I have resorted to lies & false claims, and it is not acceptable!
    In the past 5 months, my employer has only paid or rather Reimbursed my petrol/local travel/misc. office expenses for 4 months and the last month’s claim is yet to be paid!

    Now, could you please guide me as to how to go further & get my settlement dues/salary back! (The amount due is a huge amount).
    Hope you guide me in this regard.

    Thanks & Regards,
    Vikram

  39. Hello,
    Thank You, it is very informative !
    But i have an issue – I do not have anything in Writing like an Offer letter, email etc., which can prove my employment with this company.
    It was through a strong reference that I joined this company, and all commercials, assurances etc, was verbally discussed & agreed, which was supposed to be given to me in Writing later.
    And it was discussed & agreed that – for the first 3 months, I will not get paid immediately by my employer, and only my petrol & misc. office expenses would be paid. And at the end of 3 months, employer will review my performance & if everything is Okay, I can continue or else if (it’s not working) & I wish to discontinue, i may do so and he will pay my 3 months salary before I leave.
    In case i continue, my salary from 4th month will be paid regularly (as agreed) along with my balance amount (first 3 months salary), that will be paid in installments (in addition to my regular salary)!
    And after working for 5 months, I have told my employer that I will not continue further (over an email). But my employer has still not paid me my salary. And I have sent an email mentioning my settlement dues & claims, to which my employer is saying that – I have resorted to lies & false claims, and it is not acceptable!
    In the past 5 months, my employer has only paid or rather Reimbursed my petrol/local travel/misc. office expenses for 4 months and the last month’s claim is yet to be paid!

    Now, could you please guide me as to how to go further & get my settlement dues/salary back! (The amount due is a huge amount).
    Hope you guide me in this regard.

    Thanks & Regards,
    Vikram

  40. […] [1] Sudip Ghosh, What to do if employer donot pay salary, ipleaders, (Dec. 15, 2016), https://blog.ipleaders.in/what-to-do-if-employer-does-not-pay-salary/. […]

  41. Hi, I am working in an organisation that pays everyone but holds my salary for whatever reason every month until the 12-17th. This month they are not processing my October’s salary saying I took off for Diwali. They are saying I don’t deserve to get paid for last month. I have worked for 1.8 years in the company and I have received salary by the 10th only 3-4 times. Every month o beg for my salary. What should I do?

  42. I joined a consultancy on aug 27th and i got d salary for that one week. every month on 10th they credit the salary.On 8th october they fired me and they told they will send a mail to accounts dept to make the final settlement. but still i have not received the salary for that one month. I have not signed the offer letter bcoz d head office is in sadashivanagar. Please let me know what i can do to get my salary..?? please help me out

  43. Hi Sir/Madam,

    I am Zaldy from the Philippines. I was hired last year by an Inidan Employer and my monthly salary is alway delay by 2 months. Now it is already delay going 2 months already. I am sending them an email a chat thru whatsapp but they ignoring it. I badly needed help.

    Best regards and Thank you!

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