What is the procedure to file a case aginst employer who is not give a salary of the month of january and wind up the life insurance deparment ,the company is a pvt ltd broker.And will you please tell me how much time will it take if I will file a individual case.Please reply as earliest.
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From India, Ahmadabad

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Your apprehension is all about one month salary, right? Why don't you wait for another one month or even two months to get your dues cleared? I suggest you to wait for another one or two months during which you can send mails asking for salary unpaid. If your grievance is not attended or salary is not paid even after your waiting for two months, you may approach the District Labour Officer for help or else file a case u/s 15 of the Payment of Wages Act before the Labour Court. Before that ensure that you were acting as an 'employee'. A case under Payment of Wages Act will be maintainable if you were drawing a salary of not more than Rs 10000 per month. Salary for this purpose means Basic Salary + Dearness Allowance(if any).

Normally, a case registered will take a long time to get settled. It depends upon the pending cases in the Labour Court. Even if you get a verdict in your favour (it is certain that you will get it in your favour only), it will take yet another year or more to recover the amount from the employer. Usually, it will be recovered through revenue recovery action by an order of the District Collector. Think, how lengthy it would be!

Therefore, start communicating to the employer which will be deemed as your claim for payment of wages/ salary.



From India, Kannur

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