I m not getting salary from last 6 months.i have numbers of email but seniors not responding. I want to go for legal process .pls suggest .
From India , Ranchi

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Dear Shasi,
Non-payment of wages /salary that too for a consecutive six months certainly shows the callousness of the employer towards the employee as well as his scanty regard for the laws of the land.
Besides, such an act is also a gross violation of the contract of employment on the part of the employer despite the reasons, if any he can cite against such a continuing lapse.
If your monthly gross salary is Rs.24, 000/= or less you can file claim u/s 15(1) of the Payment of Wages Act, 1936 before the authority under the Act who will normally be a Deputy Labor Commissioner for the area where the establishment is situated.
You can also add a prayer to order a penalty of 10 times of the claim amount.
You can file the claim directly or through the Inspector for the area or a trade union.
In case your monthly salary is more than Rs.24000/=, the avenue of a Civil Suit for the amount due as per the contract and damages for its breach is open to you.
Better decide and act immediately without any further loss of time.

From India, Salem
Dear Sir
Thanks very much for your suggestions.I will do as soon as possible .I dont want to do more delay .They are not bothered to give the replies of emails also.
I am base in jharkhand but headoffice is in Delhi.Can i file suit in jharkhand .
Shashi .

From India , Ranchi
Yes: only the actual place of work of the employee decides jurisdiction.
From India, Salem
Before taking it to the court, you may first consider sending your company a legal notice.
From India, Kolkata
Dear Sir ,
Thanks for suggestion ,I have enquired about the legal notice and civil suit ,Advocate told to contact after lockdown.
I got one email from managment about the salary.Now they are escaping from their responsibility. Now i sense that they are intensely not interested to payment .
Please suggest me for giving them reply .

From India , Ranchi

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I think it will be wise to wait till this pandemic is actually over. May be your employer is in real financial trouble. Anyway, even if you want to proceed legally, you have to wait till this lockdown is over. So stay home. Stay safe.
From India, Kolkata
No Sir,As per my knowledge ,they r having fund with them .They are escaping themselves.
From India , Ranchi
Then send the legal notice, if your advocate is available during this time. You may also send a letter by yourself.
From India, Kolkata
You can send legal notice even during lockdown. In fact, whatsapp and email has also been held to be valid mode by High Courts.
- Shobhit Kumar Mittal
Industrial & Labour Law Advisor
8077779793, 9319956443

From India, Faridabad

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