Employer Is Not Giving My Salary ! What To Do ? - CiteHR
Tushar.swar
Manager - Human Resource
Mr.vivekmba
Assistant Manager Hr
Pon1965
Construction
9871103011
Private Consultant On Labour Laws
Kanika Kapoor
Soft And Behavioural Skills Trainer

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Dear Sir,
I was working with a Private company and the company did not give me salary of NOV and DEC 2013 i resigned in january 2014 , now the company has not paid to any employee salary after october.. I need my salary how to proceed ? and how can I make pressure to release my salary Immediately? what legal actions Can I take ??

Dear Vivek,
i think till the time there is nothing dipute with your employer, so, I would suggest you that, start communicating with company for request for full & final settlement by email, let them reply, eigther they will reply as positive or negative, if you got the negative reply, then try to get the reason of the same.
Then let us know the reason or brief case, so, memeber can give you the better advice to how to go further..
Regards,
Tushar Swar

Did you serve the Notice Period as per the conditions of appt. letter? Did you handover all the Company assets and documents? Did you receive the clearance from all depts? Pon
Dear Mrugen Vyas,

I don't agree with your contention that "I guess irrespective of Serving notice period, company has to pay earlier salary. They may deduct last month salary in lieu of notice period".We can't be have judgemental views unless we have all the relevent factors before us.Now in the instant case of Sh Vivek, suppose he has a stipulation of Three months notice in his appointment letter and the individual has resigned without giving any notice, then why we should expect his employer to pay him salary for the month of NOV and DEC 2013.Sh Vivek has mentioned that he has resigned in January 2014 but has forget to mentioned whether he has complied with the stipulations of his service contract.I have been always insisting the querists to mentioned the full facts about his case as well as of his organisation for proper and correct advice. I am of the views that advice rendered by the members without getting into the facts will not be much use and helpful.

I appreciate mail of Sh Pon, who has raised very relevent questions as to whether he served the Notice Period as per the conditions of appt. letter and whether he has handover all the Company assets and documents.

BS Kalsi

Member since Aug 2011

Hello,
I feel that the employer here has not paid salaries to any employee since October. May be there are some serious issues with the organization itself.
Please start searching for a new job.
Please check with other employees before taking any legal actions. It would not help if the company declares itself into losses.
Hope it helps!

Dear Murugan,
From the above correspondence two things emerge:
1. You resigned from the services of the company in Jan.2014 but have not been paid salary for the period of Nov and Decr. In this case please satisfy your self whether you tendered the resignation complying with the conditions of notice or notice pay in lieu thereof; and
2. None of the employees in the company has been paid salary for the months of Nov. and Decr.
In any of the cases as above please take the help of a Labour Lawyer to seek the relief. One cannot have a concern with the constraints of the employer in releasing the salary(ies) of its employees unless the latter are taken into confidence. Still law has to take its own course.
S.K.Johri

My dear Johri,
I am sorry to have pointed out that this is not the case of Sh Murugan as you have addressed the mail to him advising him to seek the help of Labour Lawyer for relief.The instant case relates to Sh Vivek, who have intiated the thread.My reply was addressed to Sh Murgan in response to his mail.
BS Kalsi
Member since Aug 2011

My employer told not paid my salary and other travel expense amount. Today is 20th day ie 20 day from resign my company. The employer told me resign as there is no work. So I searched new job and asked for my salary. The employer does not pick up the phone he only give message like" I will call you". Now it is 20 days. what should I do. Im the only earning member in my family. Can any one suggest me what should I do to get salary and travel expense from him. Please suggest me. Im from Mumbai.
do you knows NGO which deals with labour issues in mumbai
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