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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151 COMMENTS

  1. My dear fellow citizens,

    I would like to inform you that government has taken some important steps and also changed some rules & regulations to protect the rights of an employee during this crisis. As there are various laws of employment with respect to salary, gratuity, pf , TDS etc , an employee must always feel protected under the shadow of these laws.

    So, in this period of crisis , one must not loose patience & follow the correct procedure to get your dues cleared. I would also like to inform you that I was not active and was not able to connect with each n every one of you from last 2 months due to lot of work load but thankfully now I m 24*7 available for your help in getting your dues cleared . Feel free to reach me regarding your dues .

    Note: I have been closely monitoring the cases of people who have reached out for help through my blog for their unpaid salary dues so don’t worry and secondly congratulations to those whose dues have already been cleared during these last 2 months. I hope you guys were satisfied by the services provided through my office.

    Wish You Good Health

    Thanks & Regards

    RISHABH SETHI (ADV)
    SUPREME COURT OF INDIA & HIGH COURTS
    MOB- 8077359032 , 9643139991.
    EMAIL- [email protected]

  2. My dear fellow citizens,

    As we all are well aware of the fact that the world is currently going through a period of very serious crisis. Normally, when a natural crisis strikes, it is limited to a few countries or states. However, this time, the calamity is such that it has put all of mankind under crisis. All company operations are shut resulting in increase in number of bankruptcy , unemployment , salary cut and unpaid dues cases across the country
    The employees are not getting their salaries or pending dues cleared from their employer companies.

    Government has taken some important steps and also changed some rules and regulations regarding employment so that the companies could be saved and the employees could be paid easily and in a short frame of time .

    So, in this period of crisis , one must not loose patience and follow the correct procedure to get their dues cleared and for this , I would like to inform you guys that I m 24*7 available for your help in getting your dues cleared . Feel free to reach me regarding your dues .

    Wish You Good Health

    Thanks & Regards

    RISHABH SETHI (ADV)
    SUPREME COURT OF INDIA & HIGH COURTS
    MOB- 8077359032 , 9643139991.
    EMAIL- [email protected]

  3. My Dear Citizens,

    I have been quite occupied these days with hundreds of salary dispute cases and was not able to reply to query on this blog, so kindly contact me directly on my cell so that I can help you out with your queries as soon as possible ..

    Happy To Help…

    CONTACT NO- 8077359032, 9643139991
    EMAIL- [email protected]
    RISHABH SETHI ( ADV)
    SUPREME COURT OF INDIA AND HIGH COURTS

  4. Hello sir
    I am working with travel company in new delhi in sale department
    I started my job on 20th of January 2020 and company owner did pay salary till now.
    He was send me only 5k because i said i have some urgent work.
    After that he didn’t pay a single mony to me.
    Now can you guide me what i do?.

    • Dear Mr. Mayank

      If your salary is below Rs. 18,000/- per month, then you have to approach a labor court and if its above Rs.18,000/- per month, then your salary will be cleared through demand notice process.

      For further reference , kindly contact
      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  5. I am Rahul Goyal. I am a Maths teacher. I resigned from an organisation of hyderabad on 19th March and sent the email by mentioning that please settle my account for total of 51 days and in reply also they accept the same. According to my appointment letter i had to serve till 19th April but due to Corona pandemic the school had forced me to leave immediately the next day that is on 20th March 2020. Now the employer has denied to pay my salary forbthat period by giving the excuse of not paying notice period of 30 days. Even the school has taken all no dues from my side and the school has given me the experience letter also. Kindly suggest me for the next step.

    • Hello Mr. Goyal

      As per the situation mentioned above, the company has no right to hold the salary of an employee specially in this tough phase . This act seems to be an intentional one to hold your salary and is vague in the court of law . Now , you can easily get your dues cleared within 15 days time. I will be sending a demand notice ( Not a legal Notice) and will claim your pending dues as well as compensation for the mental torture faced by you because of the company’s illegal acts . You will get your dues cleared within a short period of time . I need some more information regarding your employment to advice you better regarding the procedure . I am sharing my contact details below for further reference.

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  6. Hello Mr. Rishabh Sethi

    I was working in an IT company in Noida – InnovationM Mobile and Web technologies for last 8 months. https://www.innovationm.com/
    The company could not get any client project and suddenly ask me to resign with one week notice period on 3 march 2020.
    Company appointment letter written notice period of 2 month but company not agree to me and not pay me february salary also till now.

    I call multiple time and HR not ready to listen to me. Company co founders say talk to hr only and not listen to me.
    Please help me file complaint against this company and get my salary from these people.

    Thank you
    Raman Jain

    • Hello Mr. Raman

      As per the situation mentioned above, its been time since you left the job and the company hasn’t cleared your dues yet and I am sure that you have also tried to contact the contact them a number of times but nothing has paid off yet so far .So its high time as every legal course of action has a time limit to it ,so now you must send a demand notice regarding your dues to the company and your dues will get cleared within 15 days time along with interest .I am sharing my contact details below for further reference to the procedure.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  7. Hi

    I am Yashasvi Kumar was working in Rathore Internet Pvt. ltd (clicks2install is Brand Name) from the last 2 years. In the lockdown, they refuse to pay my salary and ask me to work on the profit basis but as they are in Digital Marketing lots of publishers payment was due from their end I denied I will ask him to pay my Basic Salary and I will work for you if you pay all the publishers payment then I will work on the profit basis for the whole year not for a month. after that, they will block my mail id and blocked my calls also on 13th April they mail me which I have mention below.

    “Dear Yashasvi Kumar,
    As you already know. Our delivery team is dependent upon effective teamwork. As per discussion with team, about your joining. After meeting with your department, we see nobody want to continue work with you because of your behaviour and exposer with team, thus, we find it imperative to not continue your employment with the company.

    You have great talents, and I believe that you will find more opportunities in the business world. ”

    Which is illogical in lockdown period after I enquire from some employee then they inform me that Mr. Gajendra (Founder of the company) ask their employee If they want to work with me then they will not get March month salary. when I asked them for my Feb and March month salary they simply denied and ask me to go to labour court and file a case against them.

    • Hello Mr. Kumar

      I have gone through your problem mentioned above and I need some more information regarding your employment. So kindly call me and will guide you through the process

      Mob: 8077359032, 9643139991

      Thanks & Regards

      Rishabh Sethi

  8. Glad to hear that how people are trying to help each other in every way possible and within their reach.
    Hi Sir, this is regarding a private trust school in Mumbai. I am not a part of either an Employee or an Employer, but came across the crisis the employees are facing these days. Since the Employer is a quite well known person with no doubt of having other sources of income, has stopped paying their employees. Charity begins at home he says, and is donating amounts to people in use just to be clicked in pictures and be in limelight; without thinking about the people near him. What do you think could be done in this case?

  9. My Company not paid my full and final settlement amount while I mail them they not reply to deposit my amount after approaching Rishabh Ji after sending the notice they acted fast but before many times I mailed them but no use and no reply thanks Rishabh Ji for your help..

    • Dear Mr. Dilip Kumar

      Congratulations on getting your dues cleared ( Salary for 2 months = Rs. 1,33,000/- ) within notice period itself and thanks for being a wonderful client.

      I hope you are satisfied with the proceedings and result of getting your dues cleared.

      ..Wish you all the very best .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  10. My dear fellow citizens,

    As we all are well aware of the fact that the world is currently going through a period of very serious crisis. Normally, when a natural crisis strikes, it is limited to a few countries or states. However, this time, the calamity is such that it has put all of mankind under crisis. All company operations are shut resulting in increase in number of bankruptcy , unemployment , salary cut and unpaid dues cases across the country
    The employees are not getting their salaries or pending dues cleared from their employer companies.

    Government has taken some important steps and also changed some rules and regulations regarding employment so that the companies could be saved and the employees could be paid easily and in a short frame of time .

    So, in this period of crisis , one must not loose patience and follow the correct procedure to get their dues cleared and for this , I would like to inform you guys that I m 24*7 available for your help in getting your dues cleared . Feel free to reach me regarding your dues .

    Wish You Good Health

    Thanks & Regards

    RISHABH SETHI (ADV)
    SUPREME COURT OF INDIA & HIGH COURTS
    MOB- 8077359032 , 9643139991.
    EMAIL- [email protected]

  11. I have been working with a Pvt Ltd advertising firm from past 8 months. We are a team of 10 employees. We are suffering through late payments/no payment since December 2019. We were being cooperative with them since January regarding the late payments as they had promised us full dues in the month of March. But since this corona pandemic happened, they are now being very manipulative, ignorent at times and have given the reason of Lockdown and lack of pending payments from client/market. There are few people whose 5 month’s salaries are still pending. In my case it’s 2.5 months. Is there any legal and fast way to get this done in the right way and receive all the dues?? Even some of us who joined recently have not yet received any joining letter/ contract from the administration. In such scenario what is the best possible way to get our dues?

    Any suggestions/advise are most welcome.

  12. I have been working in the IT firm. My organization is subsidiary of London based office. They have not paid me for last two months and not sure about will they pay it not. If I ask them about salary they said ” We haven’t any clarity and we are waiting for further response from upper management team(London based team). What I can do in this situation? Can I register complaint against my organization as it is part of foreign company?

    • Dear Mr. Patel

      Every company who is having operations in India is required to have a registered office on Indian soil.
      So, the action will be taken against the person who is the Head/Director of that registered office . Its a 15 days process for recovery of salary and you will get your dues within 15 days time.

      For further reference , kindly contact
      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  13. Hi, I am joined a company named autobrix and I have worked for 2 months in this company bt company is not paying my salry sir please guide whta can I do

  14. I am Surbhi Naruka, employee of N.H.M Silvassa, I am not getting salary since 05 months. When I go to accounts department for asking about salary they say that they are not having sufficient funds for giving salary. when asked frequently they say that network error might can come in private banks. But I don’t know what to do. 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.

    Regards
    Surbhi

  15. I was having Problems with my Employer and they were throwing me out of the Organisation for no reason, post to it i had this Lockdown due to Pandemic Of Corona Virus, i had no idea whats gonna happen and will i get my Previous Salary or no, i got Rishabh’s number from here and i asked Suggestions to him “ Such a kind Spoke Person he guided me and followed up till my salary day and i received the Salary on time, this Review is just for Rishabh cos without being paid this Guy was concern about me, in todays time theres nothing for free but this guy Rishabh helped me in guidance into the correct path, Just want to say Rishabh God bless and hope many people get inspired by ur help “Would REQUEST you to make a Youtube channel so that people come to know and they can take guidance from you, if u already have 1 Kindly showcase it here

    Thanks Bro

    • Dear Mr. Rinaldo
      Congratulations on getting your dues cleared ( Salary for 4 months= Rs. 2,60,000/- ) within notice period itself and thanks for being a wonderful client.

      I hope you are satisfied with the proceedings and results as you got your dues cleared.

      ..Wish you all the very best .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  16. Good morning sir.
    I am working as a software engineer in a private I.T. company. I was on emergency leave from 9th of March due to my mother spinal injury treatment and regarding this leave, i already dropped an email and also verbal conversation with management on month of January.
    Now due to covid-19 there is lockdown and i stuck in my native home.
    Now company did not credit my salary of march month and not considering work from home. Regarding my salary issue from 7th april to 14 april company not responding of my multiple email , skype messages and phone call.
    How can i take action aganist them.?
    From
    Ahmad

  17. Dear Sir,

    I am Suhas Shinde I was worked in Aftek Ltd from 08 Feb 2011 to 03 Nov 2014 as System Administrator in IT dept.

    I have left Aftek on 3 Nov 2014. I have not received any communication or update from Aftek Ltd for pending dues and final settlement. My pending salaries from Sep 2013 to Sept 2014 of Rs 3,19,345.00 plus my PF from 8 Feb 2011 to 3 Nov 2014.
    Kindly Request you to help me on this matter.

    Thank You,
    Suhas Shinde
    Mobile – 7030206660

  18. Hi, I was working with Pvt. ltd. Company. I was terminated on 4th april 20′ because they asked me to work on deducted salary and accept deducted salary for the month of March as well, which I denied. They told this in a meeting on 3rd April 20′ that we cant pay full money for March because of Covid outbreak. They send me termination letter on email on 4th itself but it is dated 31st march and told salary for march and everything will he given in F&F. I asked them to give me a termination letter with the correct date and how can they stop march salary if the termination is in the month of April. They are dodging the questions and not replying. What should I do?

  19. I am a computer engineer. And recently I joined a company named walstar technology. While joining they told us “we are giving you 5000 salary after 3 month we increase your salary” I joined in company on 28 Oct 2019. In jan my 3 months are completed after that my appraisal meeting happened where they committed they will increase my salary . Now coz of corona they keep me on unpaid leave and yesterday they told us we are not giving you increase in salary but this is not fair in India corona comes in end of March I deserve the increment salary of Feb and March month . What should I do know they are giving me pressure and employee having mental harassment also the company working time is 12-14 hours

  20. Respected Sir/Ma’am,
    I’m a health worker (Nurse). Here, out of state came for work at RICHFEEL HEALTH AND BEAUTY PVT LTD. privet company, founders Dr. Aporva Shah and Dr. Sonal Shah from Mumbai, and their Head Office at Mulund(W)’Mumbai. I’m working since long time in this company branch at Kolkata. Last 2(two) months (February & March) we are not getting salary ( not only form 2 months, it’s going on approx one year before), not only salary travel vouchers approx Rs-7240/ and (two) 2 years incentive also pending. Every months salary giving time they email to all employee, new problems arise them so salary will be credit later. After that we all team email, message, call them then they released 50% salary of February month and write us pending balance credit will be before Diwali.
    Dear sir/Ma’am, I’m staying far from Home in Kolkata and having room rent , fooding and essential things , epidemic protection things also not possible to buy due to not getting salary.

    Please Sir/Ma’am, give us Solution to get Salary and others amount.

    Thanks & Regards

  21. I have screenshot of conversation between Company and Employee.
    Already Government said to pay salary in this current situation. But There is One Company #ICETL (Ice Technology Lab) situated in Ashokraj Path, Patna, Not only hold a salary on Feb Month (on that month everything fine, there is no Lockdown) but also announced nonpaid leave till 15th April. . I am working from last 3 months without salary. I live on rent and single person to manage. I am totally helpless right now. Kindly do legal action against this.

  22. I have not get being paid by my last organisation since I have served my notice and even completed my all due diligence under company policy, I have been informed that on my last day I shall be paid with all my due since it’s 2 months now and I am simply doing the follow up however the entreprneurs are simply giving excuses of non operational due to covid 19 and my settlement it of course ready.

    Kindly help me to get this solve so me and there more other ex employees and employees who are still working with an organisation are not getting paid.

    Thank You.

    looking for help and support to get the best solution.

    Regards,
    9324701001

    • Hello Mr. Raaj

      As discussed over a phone call , I have mailed you the demand notice against your company . Kindly check your email inbox.

      For further reference , kindly contact
      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  23. My dear fellow citizens,

    The whole world is currently passing through a period of very serious crisis. Normally, when a natural crisis strikes, it is limited to a few countries or states. However, this time, the calamity is such that it has put all of mankind under crisis. World Wars 1 and 2 did not impact as many countries as have been affected by corona today. Due to this ,all companies are shut and this will result in shortage of funds to the companies and thus , the employees might find it difficult to get their salaries or pending dues cleared from their employer companies.
    So, in this period of crisis , one must not loose patience and follow the correct procedure to get their dues cleared and for this , I would like to inform you guys that I m 24*7 available for your help in getting your dues cleared . Feel free to reach me regarding your dues .
    Wish You Good Health

    Thanks & Regards

    RISHABH SETHI (ADV)
    SUPREME COURT OF INDIA & HIGH COURTS
    MOB- 8077359032 , 9643139991.
    EMAIL- [email protected]

  24. Hlo sir
    M Namrata
    sr I want to ask if company cannot pay the salary after a working of one month so what should I do for that

    • Hello Ms. Namrata

      I have gone through your problem mentioned above and I need some more information regarding your employment. So kindly call me and will guide you through the process

      Mob: 8077359032, 9643139991

      Thanks & Regards

      Rishabh Sethi

  25. Dear sir, my company hired me on a salary of Rs.50k per month ,but after 2 months ,they reduced my salary without any written explanation.When I resisted , she said she will pay 5k less. And continued to pay.I could not do anything.Now they terminated me after two years, this march17.
    I completed two years now.
    Can I claim the salary 5k per month due for two years ,please suggest what can I do?

    • Hello Mr. Haren Mandal

      I have gone through your problem mentioned above and I need some more information regarding your employment. So kindly call me and will guide you through the process

      Mob: 8077359032, 9643139991

      Thanks & Regards

      Rishabh Sethi

  26. Dear All, I had joined M/s SHAPOORJI PALLONJI & CO PVT. LTD. in year 2015 and was working till year 2019. The company being very unprofessional had pressurized me to tender my resignation which I did as staying in the organization would have been more risky because of the bad name and reputation of the company. My performance was satisfactory enough and I could have served any other organization considering the experience. Anyways, no qualms for the parting off. The company had held my salary and F&F amount since 2 months inspite of serving the due notice period. I was feeling helpless as there was no response for the whole company and HR team to the mails and followup.
    Luckily I came to know about Mr Rishabh Sethi (8077359032, 9643139991)
    (Advocate)(Delhi High Court And All District Courts), who had been approached by some victims like me and was able to resolve by the correct legal way. I took the decision of going by the legal way with a nominal charge , but the results were really effective. I got my due from the Fraud COMPANY- SPCPL within 4 days from the receipt of the notice.
    I am thankful to Mr Rishabh for the guidance and help and would surely be in touch with him for any matters pertaining to any legal action ( if necessary to be taken).

    • Dear Mr. Sandeep Sarkar

      Congratulations on getting your dues cleared ( Salary for 2 months ) within notice period itself and thanks for being a wonderful client.

      I hope you are satisfied with the proceedings and results as you got your dues cleared.

      ..Wish you all the very best .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  27. Hi Ridhabh,

    As agreed last month we have sent the company a demand notice which they had received on the 8th of February. As you advise we were supposed to send a a legal court notice post 10 days. You told me late last month that the legal notice will be sent and you will call me back this week. I have been trying to contact you since this week with multiple calls but have failed to receive any response. I am just curious to know why are calls going on answer without any response aur message. It has been almost a month now the legal Court notice should have been sent by now but I have all the calls going on answer please advise on priority.

    Anticipation for a quick response.

    Regards

    • Hello Mr. Grayden

      As discussed over call , I was a bit busy with the festival Of Holi and my number was switched off. I have already processed your notice to the company along with all the details and the response is awaited . Apologies for the delay.

      Thanks & Regards

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

  28. Hello Sir
    I am work as a Receptionist com admin in SUKH SAMPATTI INFRASOL NOIDA from last november its a real state company but 18th feb I resigned from this post And my effective date was 28th but on 21st they terminate because am not tolerated their unprofessional behaviour so they terminate me but yesterday am asking for my pending salary but they didn’t give it they said 45 days but Its not fair what to do please gave me best solution

  29. I have been working as Executive Assistant in a Pvt Ltd company since March 19 and after I haven’t recieved any salary since September 2019. Whenever I ask my employer about it he will day that company position is not good but whereas other employees are getting on time and I am not getting it. Now I have resigned in Feb. What are the steps which I can take on them such that they will pay pending salary as well as extra compensation.

    • Hello Mr. Sai

      As per the situation mentioned above, its been time since you left the job and the company hasn’t cleared your dues yet and I am sure that you have also tried to contact the contact them a number of times but nothing has paid off yet so far .So its high time as every legal course of action has a time limit to it ,so now you must send a demand notice regarding your dues to the company and your dues will get cleared within 10 days time along with interest .I am sharing my contact details below for further reference to the procedure.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  30. Hello,
    I am owner of IT company which is small scale organization.
    I want legal solution on the situation where on the delay in salary payment employees not serving their notice period and going in the police station to force me to pay their dues.

    Here employees opting small companies for their temporary needs of survival and jumping to the MNC without serving notice period and putting us in trouble.

    Tell me what is the remedy for this situation.
    What kind of remedies are available for small scale companies if they are in financial crunch. Is it the right solution to shut down?

    Laws forcing us to pay employees due as they worked for us. What if clients not paying in time due to which salary payment getting delayed.

    Employees started to serve notice under NCLT.

    If company does not have enough fund what be the remedy if employees going in the court.

    Situation can not be same all the time.

    • Hello Ms. Dipali

      There is a very sensitive relation between an employer and an employee as both are dependent on each other and none can survive without the support of other . So this relation needs to be developed and maintained sensibly. Now as per your situation, the appointment letter plays a very major role in these sort of situations where the employees leave without serving the notice period . An appointment letter must clearly mention the guidelines regarding appointment, regarding if any dispute arises between the employer & employee and the most important thing is the arbitration clause . As every lock has a key to it , similarly every appointment letter has a lope hole in it which can act an advantage for both employee as well as employer in a dispute. I cannot discuss in detail regarding that over here so I am sharing my contact details below for further reference to the procedure .

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  31. I have joined Tourism And Media Power as Manager wef 1.12.2019. Company owner is a cheater not paying Salary till date office is closed due to other Market liability some of people came and lock the office and taken key .I have sent mail please advice me

    • Hello Anand Sharma

      As discussed over a phone call , I have mailed you the demand notice against your company . Kindly check your email inbox.

      For further reference , kindly contact
      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  32. Hi Rishab shetti
    I am working as a TDL developer in greettechnologies Bangalore. And recently i left my job in prior of notice period of 5 days.
    My agreement is about of 6 months i am completed it. and all the HR team know that i am leaving and also i served a notice period of 5 days. and at that time of conversation with the HR team they didn’t informed me about the notice period all the things. and i am confirmed from the HR that i will get the salary or not, they told you will get and now my salary is wont credited into my bank account.
    and they were holding my salary, and even no proper response from the HR team.
    Please suggest me what to do next i am stuck on this matter.

    • Hello Ms. Kiran
      As per the situation mentioned above , there is no such thing as a notice period of 5 days . The company has intentionally relieved you within such small notice period time so that they can hold your salary. You must check your appointment letter regarding your notice time period clause. I need some more information regarding your employment to advice you . I am sharing my contact details below for further reference to the procedure .

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  33. Hello sir/madam.

    I’m Vijay.
    I joined in an organisation in sept 2019 with 1 year agreement. At Jan 2020 i got better offer and said the same to my employer. They agreed. That have no problem for bond termination. But they hold my 2 months salary. when i tried to contact them for the salary they are not responding and saying that organisation is not in a good position and they are refusing to pay salary. So please suggest me what to do….

    • Hello Mr. Vijay

      Since you have violated the terms and conditions of the agreement after informing the company about it , You should have got a clearance letter from the company regarding the same stating that they don’t have any issues regarding the same .
      Now , as far as salary on hold is concerned , the company has no rights to hold the salary for the months which you have already served for the company. You must send a demand notice ( different from legal notice) as soon as possible and your dues will get cleared within 10 days time frame . I need some more information regarding your employment to advice you better regarding the procedure . I am sharing my contact details below for further reference.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  34. Hello Sir,

    I am currently an employee of GREedge – Valued Epistemics. I gave my resignation on the 4th of Jan’ 2020 and was asked to serve 2 months notice. However, the company hasn’t given me my December & January payment and its now going to be 3 months where they are not going to give me any pay. Apart from this, I requested them that I want to buy out my notice which they is clearly mentioned in the contract which I signed, but now they are denying it and are literally forcing me to complete my notice if I want they Experience Certificate & Relieving Letter along with my settlements. I haven’t gone to work for the past 1 week and have served almost 1 month of notice.

    I’m in a very tough spot Sir, what can I do?

    • Hello Mr. Sachin

      According to the situation mentioned above, its been long time since you left the job and the company hasn’t cleared your dues yet and I am sure that you have also tried to contact the contact them a number of times but nothing has paid off yet.So its high time as every legal course of action has a time limit to it ,so now you must send a demand notice regarding your dues to the company and your dues will get cleared within 10 days time .I am sharing my contact details below for further reference to the procedure.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  35. Dear Sir/Madam
    I worked in a jewellery LLP for 6 months. I had given 1 month resignation notice on November 30 2019. I told them i wont work in that LLP from 1st January 2020. On December 30 2019 my owner is like i did not complete my work n did not perform my duties properly. But he did not inform me on November 30 2019 that i should complete my work and leave the job. On December 30 he told me that i did not complete my work and i wont get the salary. My employer has done this type of things with many employees if anyone resigns from the job. So please suggest me what step should i take to get my december month salary back??
    Thanks and regards
    Siddhanth M Jain
    9035707263

  36. Dear Sir/Madam
    I worked in a jewellery LLP for 6 months. I had given 1 month resignation notice on November 30 2019. I told them i wont work in that LLP from 1st January 2020. On December 30 2019 my owner is like i did not complete my work n did not perform my duties properly. But he did not inform me on November 30 2019 that i should complete my work and leave the job. On December 30 he told me that i did not complete my work and i wont get the salary. My employer has done this type of things with many employees if anyone resigns from the job. So please suggest me what step should i take to get my december month salary back??

  37. Hi Sir, Iv worked as a Telecaller for shapoorji pallonji developers through a vendor, it’s been more than 3months, the vendor hasn’t cleared my pay! I’ve spoken to the company they told me to clear it with the vendor and they can’t pay me, I am a student sir and the vendor is threatening me also asking me for my address to send me legal notice for mental harassment and defamation.
    Iv gone to the police for my vendors abusive nature and threats they’ve not helped at all.
    Can you please help me out here?

    • Hello Ms. Simran

      In compliance with the situation mentioned by you, first thing that I will like to clear is that role of police complaints is almost zero in such salary disputes . There are many other ways to get the dues cleared without the involvement of police . Now , as per your situation, you can easily get your dues cleared within 10 days time just by sending a demand notice ( Not a legal Notice) through a lawyer and get the dues as well as compensation for the mental torture faced because of the vendor . You will get your dues cleared within a short period of time without the involvement of police. I need some more information regarding your employment to advice you better regarding the procedure . I am sharing my contact details below for further reference.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  38. Hello,

    I was working with one of the Pvt. Ltd, company and my employer not paying my 02 month salary after resigning from last 09 month. I have discussed with Advocate Mr. Rishabh Sethi he advise me to send Demand notice to employer, After sending the notice within 10 days i got my salary in my bank account. Thank you Mr. Rishabh Sethi for your support.

    • Hello Mr. Anoop Kumar

      Congratulations on getting the dues cleared of amount of Rs 1.5 lakhs within notice period and thanks for being a wonderful client.

      I hope you are satisfied with the proceedings and the results as you got your dues cleared within notice period itself..Wish you all the very best .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  39. Hi Sir,
    I am Vikas Anant Pawar and I have worked for a company name Infinity Servisols Pvt. Ltd. Pimpri from 06/01/2020 to 01/02/2020
    Between this days I had asked for half day for medical reasons and I was not allowed to get the half day.
    So for my medical reasons I walked away from the company.
    On next my director talked to me about that half day so I explained that for medical reasons I walked away.
    So Director punish me that I will deduct your 3 days salary or I will terminate you. So I have chosen 3 days salary deduction.
    And now I asked director for the salary he told me if you want to leave company you can leave. But I am not giving you any salary or work for me for one year I will give you salary.

    • Hello Vikas

      As per the situation mentioned above, the company has no right to hold the salary on medical grounds that too for a day . This act seems to be an intentional one to hold your salary and is vague in the court of law . Now , you can easily get your dues cleared within 10 days time just by sending a demand notice ( Not a legal Notice) through a lawyer and get the dues as well as compensation for the mental torture faced because of the company . You will get your dues cleared within a short period of time . I need some more information regarding your employment to advice you better regarding the procedure . I am sharing my contact details below for further reference.

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  40. Hi sir My name is Nitheesh and quit my job on Dec 2019 and it’s been 2 months now. My salary is 18,000 and they gave me 10k and remaining is pending. In my offer letter they mentioned that any disputes arising will be to the jurisdiction of Karnataka court, am in Kerala now. So if i have to send a legal notice do I have to approach a lawyer from Karnataka?

    • Hello Nitheesh

      You can send a notice through a lawyer of any state . There are no such conditions as such.I am sharing my contact details below for further reference.

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  41. Hi sir,
    I have been hired as an intern at SpaceBasic, Inc. at Bangalore and was promised 5000 stipend plus 2000 travel allowance monthly and I have worked there for 3 months but didn’t get anything it has been more than a month since I have left the company but I have not received any amount.

  42. Hello Mr. Mayur

    Since the bank is not getting the dues cleared because of a reason which is not satisfactory and void in the court of law for holding the salary, you must straight away send a notice ( Demand Notice) to the bank claiming your dues and they will get cleared within 10 days time period.

    I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE TO THE PROCEDURE..

    CONTACT NO- 8077359032, 9643139991
    EMAIL- [email protected]

    RISHABH SETHI ( ADV)
    SUPREME COURT AND HIGH COURTS.

  43. I am working in a college as lab assistant . According to 7th pay commission , minimum salary is to be 18k but we get only 14k for last many months and just like for next months i think so. They get a signature on a government ticket pasted in a record register in their own records . We are afraid of being unfair behaviour and to loss our job ,due to complaining against them . Plz advice us how we can get our full salary without being highlights in their sight .

    • Hello Mr. Dev

      As I read in your comment that you don’t want to come in limelight for claiming your dues,well, in that case I would like to tell you that there is no harm in claiming your salary from the employer as it is not a crime and its your right to do so ,plus if any employer intentionally does this kind of fraudulent act of firing the employee due to the process initiated by the employee against him, then in that case , penalty will have to be paid by the employer for such irrational act.

      I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE TO THE PROCEDURE

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  44. Iam currently working in Kotak mahidra bank contact center. They have put my salary on hold. Because I was absent on 28 – 29 now they are not giving me salary. Iam working here as a deputy manager

    • Hello Mr. Mayur

      Since the bank is not getting the dues cleared because of a reason which is not satisfactory and void in the court of law for holding the salary, you must straight away send a notice ( Demand Notice) to the bank claiming your dues and they will get cleared within 10 days time period.

      I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE TO THE PROCEDURE..

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

    • Hello Mr. Rajesh

      In compliance with the situation mentioned by you, first thing that I will like to clear is that role of police complaints is almost zero in such salary disputes . There are many other ways to get the dues cleared without the involvement of police . Now , as per your situation, you can easily get your dues cleared within 10 days time just by sending a demand notice ( Not a legal Notice) through a lawyer and get the dues as well as compensation for the mental torture faced because of the company . You will get your dues cleared within a short period of time without the involvement of police.

      I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE..

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]

      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  45. Hello my self Monika I worked with a organisation where I didn’t got my salary on time. I said that I will continue with your organisation once I get my cheque but they said that if uh will not join us they will abscond me or I will not be able to get my salary. But I worked hard there for 30 days or now they are saying that they will abscond me or they are not be ready to do my FNF. What should I do now? Please help me.

    • Hello Monika

      As per the situation mentioned by you, you have worked for 30 days and didn’t got your salary and the company is now forcing you to work for more days to get the dues cleared which I m sure they will not clear as this is a very common way of fraud that companies do to bind the employees without paying them.
      So, you just need to send a NCLT notice and your dues will be cleared within 10 days time.

      I AM SHARING MY CONTACT DETAILS FOR FURTHER PROCEEDINGS.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  46. Hi,
    I was abrubtly terminated in a private educational institute and before the formal termination i was kept in suspension for 2 weeks. Also at the completion of one year of service, an employee recieves the leave encashment of 15 days. I was fired just 16 days before the completion of one year period. Also PF contribution not made for the last month of service. They are not even responding to my emails now. What should i do?
    Can’t I claim compensation for the mental harassment being faced by me due to abrupt termination and non payment of dues??

  47. We are working in a esteemed construction Company. Employer is not giving salary for the last 7 months.
    We want advice from your end what to do from our end?
    Thanks & Regards,

    • Hello Satyajit,

      As I have already discussed the process on call, kindly follow those steps and you will get your dues cleared within a short period of time . Just follow the guidance provided .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  48. Rishabsir very prompt response and good person. I Consult him regarding my unpaid salary due he send notice and asking updates everytime proves his kind nature.And finally I got my amount proves his talent. you can go a head with Rishab sir Very nice and talented person.

    • Thanks KKnath,

      I hope you are satisfied with the proceedings and the results as you got your dues cleared within notice period itself..Wish you all the very best .

      Thanks & Regards

      Rishabh Sethi (adv)
      Supreme Court & High Courts
      MOB: 8077359032, 9643139991
      Email: [email protected]

  49. Hello Piyush

    As per the situation mentioned above, its been long time since you have left the job and company hasn’t cleared your dues yet and I am sure that you have also tried to contact the contact them a number of times but nothing has paid off yet.

    So, now you must send a demand notice regarding your dues to the company and your dues will get cleared within 10 days time I am sharing my contact detaisl below for further reference.

    MOB: 8077359032, 9643139991
    Email: [email protected]
    Rishabh Sethi (adv)
    Supreme Court & High Courts

  50. Hi sir,

    I am working in anika global pvt ltd delhi and i have join the company in month of sep 2019 and left the company on Nov 2019 due to not filling of 2 years agreement but company will hold my salary of last 15 days but i have resign proffessionally and accepted by the management and release on same day but it has not release my 15 days salary.

    What can i do sir please help me.

    • Hello Piyush

      As per the situation mentioned above, its been long time since you have left the job and company hasn’t cleared your dues yet and I am sure that you have also tried to contact the contact them a number of times but nothing has paid off yet.

      So, now you must send a demand notice regarding your dues to the company and your dues will get cleared within 10 days time .. I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  51. Hello, I would like to know whether Human Resources head is liable for Judgement passed by Labour / Industrial Court for directing the wages to employees for a company which no longer exists. Since Hr Head is one of the respondent, will this affect him/her in anyway.

      • Thank you Mr. Rishab. However, in the judgement copy, my name is there as one of the respondents and the copy of judgement says all respondents are directed to pay the wages. The company is shut down and I am no longer working in that company as Head – Hr. So I am worried, if my personal property will be attached ?

  52. Sir my self is chandan I worked in beverages company for a 1 month and 3 days .. they removed me for a reason. But they r not paying my 15k salary they need pay me November month salary but they r refusing to pay my salary but I am requesting from one month but they r not giving my payment pl help me in this matter sir

  53. Hi Sir,
    I am working As a IT Executive in Call center from last 10 months. Its a startup company they cant paid my salary from last 3 Months also they didn’t open my PF Account. When i am asking for My PF account they didn’t give me any positive response. from last week i am not going to office because of money problem. i am leaving in mumbai on rent basis. its really difficult to survive in that situation. Please suggest me what can i do ?

    • HELLO MR. SAGAR
      AS PER THE SITUATION MENTIONED ABOVE , THE BEST WAY IS TO SEND A DEMAND NOTICE ( DIFFERENT FROM LEGAL NOTICE) DEMANDING YOUR CLAIMS FROM THE COMPANY . ITS A FIRST STEP TO START THE NCLT PROCEEDINGS AND THE BEST WAY TO GET THE DUES CLEARED WITHIN A VERY SHORT PERIOD OF TIME . I AM SHARING MY CONTACT DETAILS FOR FURTHER REFERENCE.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  54. Respected sir The arithmetical error at concluding line my be read as Rs.7.5Laksh instead of Rs.8.57 Laksh. The inconvenience caused in this regard is regretted.

    • AND ONE MORE THING, AS PER YOUR SITUATION MENTIONED ABOVE , YOU HAVE SENT A LEGAL NOTICE FOR RECOVERY OF YOUR CLAIMS BUT THE CORRECT WAY WAS TO SEND A DEMAND NOTICE AND NOT A LEGAL NOTICE ..
      I AM SHARING MY CONTACT DETAILS BELOW FOR FURTHER REFERENCE

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  55. My Daughter Smt Prachi was working as lead consultant at “Supreme Net Soft Pvt Ltd Hyd” with effect from 01-08-2018 on a salary of Rs.18 Lacs per annum. The duties allocated to her was work from home. The Company stop salary w.e. February 2019. A legal notice Dt.30-07-2019 was issued to the company. There after my daughter filed complain before Labour Commissioner on 16-09-2019 duly enclosing voluminous e-mails for services rendered by her. The Joint Commissioner Labour in this letter Dt.03-10-2019 has directed the company to attend a meeting on 14-10-2019 along with remakes on my complain. Neither representative of the company have attended the meeting nor filed any remarks till this date. At these juncture i seek the following clarifications 1. whether a file a case before labour court pending complain before Labour Commissioner 2. whether Labour Commissioner has jurisdiction to entertain heavy arrears if salary from February 2019-Jun-2019 amounting to Rs.8.57 Laksh 3. Any other remedial measures

    • HELLO MR. MAHAVIR SINGH

      AS I HAVE GONE THROUGH THE SITUATION MENTIONED ABOVE, FILING THE COMPLAIN IN LABOUR COMMISSIONER’S OFFICE WAS NOT THE RIGHT MOVE AS HE DOESN’T HAVE THE POWER TACKLE THESE KIND OF CASES ON A SPEEDY PROCESS . THEIR IS ANOTHER VERY EFFECTIVE WAY TO GET THE UNPAID DUES CLEARED WITHIN MAXIMUM PERIOD OF 15 DAYS TO 3 MONTHS..ITS CALLED THE NCLT PROCESS.
      I AM SHARING MY CONTACT DETAILS BELOW.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  56. I work for karvy digiconnect noida sector 62,had an agreement of one month for a specific process from 2nd Nov to 2nd Dec 2019 for which I got am offer letter too and there salary dates are from 7th to 10th,its 17th yet they haven’t given the salary yet can I file a written complaint in police station for this.

    • HELLO P SHARMA

      AS PER THE SITUATION MENTIONED ABOVE , FILING A POLICE COMPLAINT WILL NOT WORK AS IT IS NOT A CRIMINAL OFFENCE OF SUCH HEINOUS NATURE ..
      THERE ARE MANY DIFFERENT WAYS TO GET THE MONEY BACK WITHOUT INVOLVING POLICE IN SUCH MATTERS THROUGH WHICH YOU WILL GET YOUR CLAIMS BACK WITHIN 10 TO 30 DAYS TIME.
      I AM SHARING MY CONTACT DETAILS BELOW. KINDLY CONTACT FOR FURTHER REFERENCE.

      CONTACT NO- 8077359032, 9643139991
      EMAIL- [email protected]
      RISHABH SETHI ( ADV)
      SUPREME COURT AND HIGH COURTS.

  57. 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)

  58. 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)

  59. 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)

  60. 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

  61. 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

  62. 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)

  63. 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

  64. 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)

  65. 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)

  66. 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.

  67. 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.

  68. 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

  69. 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]

  70. 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.

  71. 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

  72. 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…?

  73. 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.

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

  75. 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

  76. 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

  77. 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

  78. 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

  79. 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

  80. 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

  81. 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.

  82. 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?

  83. 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??

  84. 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…

  85. 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

  86. 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

  87. 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

  88. 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.

  89. 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

  90. 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

  91. 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.

  92. 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.

  93. 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

  94. 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

  95. 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

  96. […] [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/. […]

  97. 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?

  98. 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

  99. 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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