Riteshmaity
Labour Law Advocate
R.s.hiremath
Unemployed
+1 Other

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Dear sir,
Due to health issue i left the job during end of august 2016. my ex owner is not paid my salary of august 2016 till today.whenever i call he does not pick the calls
to answer. After making several calls and SMs ,He plied me to bear with him for 2-3 weeks. Bue since from sept 2016,he is been telling the same.but he is not paying.
what to do? how do i get my salary ? pls help me .i am in bad condition
Regards
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See this is simple contact your area labour inspector and lodge a complaint. Before that give a letter asking the money through a post registered with AD. Wait for 7 days if money is not paid, then go to labour department. Also see this Archive for November 2016
Dear R.S,

Did you ask your employer that why they are not paying your due salary. Have you complied the term of your

Service agreement. Futher' in any circumstances the employer intentionally cannot remain tacit in respect clearing F&F. If employer avoid your communication or have been procrastinate relate to payment of salary is unethical practice.

Send alteast two request letter with registered post seeking to clear your F&F. In case if your employer fixed the Any date to clear the F&F obtained the undertaking from your employer to clear the same. If even then the employer avoid or deffered the F&F thereby you can approach your Range Labour Commissioner in presence of concrate evidence in form of Non payment of your dues. However the criteria to approach the Labour autorities is workman as per section 2(s) of ID act. 1947. Irrespective of designation your Nature of duty will determine the said category of workman. If you fall under this category then you can lodge the complaint or can even file the case under section 33C(2) of ID act. 1947 to recover your dues? Before proceed legally Batter to convince your employer and resolve it amicably

Thanks & Regards

V SHAKYA

HR & Labour, Corporate Laws Advisor
What was your nature of duties?
What was your salary?
What is the nature of the company?
Is it registered under any special Act? (like shops & establishment Act etc.)
Please tell these details to get better answer.
Whatever it is write a letter to your company demanding the outstanding salary immediately before taking any legal steps. Send the letter through registered post and keep the online track report with you for future reference, if required.
Even I am facing the similar issue.My company is a LLP and was not paying our salary since June 2016, I continued to work with the company till August and then resigned from my services with proper handover in Sept 2016, till then no dues were cleared.During October partial amount was released and complete clearance is still pending till date.The company is shut since Jan end due to bad debts, have been doing continuous follow ups since the time I have left, through phone calls, e- mails, sms and even whats app messages but no reply.Have visited the office in intervals for follow up during October - December but I was told to wait since the company is going through financial crisis.Last I could catch hold of my manager was on 8th December 2016 where he assured that by 8th Jan 2017 he will clear all my dues (I dont have any proof on this as he mentioned this verbally), I started my follow ups again from Dec end but now he has blocked my number on his new number, his old number is always switched off, doesnt reply on sms on whats app. How do I get my salary from the company?There are 3 more female colleagues whose dues are pending, so should we take action in group or individual, which would be more successful approach?

Thanks
Send a legal notice. Then file a complaint / application in Form N under Shops & Establishment Act provided that your company was covered under the Act.
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