How Can My Sister Legally Claim Her Withheld Salary from Her Former Employer?

My sister's salary has been unethically held by her last firm. A few months back, she joined an interior designing firm. The company did not provide her with any Appointment Letter, and the salary was paid in cash. The long and inhuman working norms at her office started causing severe back problems, which left her with no option but to resign. Since there was no appointment letter, there was no agreement or clause regarding the serving of a notice period.

She informed them on 6th October about her intention to leave on 8th October. Now her salary for the month of September and one week of October has been put on hold. They have told her that her salary would be released only when they find a new person to replace her and when the project she had been working on is completed by the new person.

There is no set time period for the full and final settlement, and if their condition is to be followed, it could take a month or even a year. Given their unethical behavior, I have serious doubts whether they would release the salary at all.

I would be highly obliged if you could help with this matter and provide the necessary guidance regarding the legal actions that can be taken in this case.

Legal Notice and Application Process Under the Payment of Wages Act

First, send a legal notice, and if there is no resolution, you can follow it up with an application to the local appropriate authority under the Payment of Wages Act, as outlined below:

Form of Individual Application

[See sub-section (2) of section 15 of the Payment of Wages Act]

In the Court of the Authority appointed under the Payment of Wages Act, 1936 (4 of 1936) for ……… area.

Application No. ……… of ………

Between A.B.C. ……… Applicant (through a legal practitioner/an official of ……… which is a registered trade union.)

And X.Y.Z……… opposite party:

The applicant states as follows:

1. A.B.C. is a person employed in the/on the factory/railway/industrial establishment entitled and resides at ………

The address of the applicant for the service of all notices and processes is:

………

2. X.Y.Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processes is: ………

3. (1) The applicant's wages have not been paid for the following wage-period(s) ……… (give dates)

Or a sum of Rs ……… has been unlawfully deducted from his wages for the wage-period(s) which ended on ……… (give dates)

(2) [Here give any further claim or explanation].

4. The applicant estimates the value of the relief sought by him at the sum of Rs ………

5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for:

(a) Payment of delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.

Or refund of the amount illegally deducted.

(b) Compensation amounting to ………

The applicant certifies that the statement of facts contained in this application is, to the best of his knowledge and belief, accurate.

Signature or thumb impression of the employed person, or legal practitioner or official of a registered trade union duly authorized.

Regards

Pls see https://www.citehr.com/285737-legal-...-industry.html