Concerned About Unpaid Salary After Director's Departure: What Steps Can I Take?

I have been working with the company for the past six months, and suddenly, the director left the organization. He has settled with another company and is currently working as an employee there. I am concerned about my pending salary as two months of payment are overdue. Are there any necessary steps we can take to retrieve the salary, or is it possible to sue the director since I have not received the offer letter?

Let me understand your problem clearly.

1. You joined a private company run by this gentleman (your Director). I presume that it was a proprietor-driven company.
2. You joined without an offer letter or any other documentation.
3. You also worked for 2 months without salary and did not take any other amount in between.
4. Now the Director (owner) closed his business and joined some other place.
5. And you are now left without a job and not even paid for the last 2 months of service.
6. You also don't have any proof whatsoever about your two months of official duty.

Am I correct in getting the facts together?

How are you receiving your salary? By cheque or cash? Are you signing the attendance register every day? If you are signing anywhere for your attendance, then the company is bound to give you an appointment letter or at least inform you that the offer letter is the appointment letter. They cannot now go back and say you did not exist.

Does the offer letter mention the probation period? If it does, then they will have to either confirm your employment or extend the probation.

Don't worry.

Cheers!!!

Thank you for the reply. Everything you have mentioned is true and correct, and the same thing has happened to me. Now, what am I supposed to do?

Regards, Bhavesh Sheth

Thank you for the reply. Everything you have mentioned is true and correct, and the same thing has happened to me. Now, what am I supposed to do? I have proof that I have maintained by signing the register on a daily basis. Additionally, I have a backup of the data taken from my organization, which proves that I have worked for over 5 months. My colleague has also not received the salary for one month. Every day, I call my director for my salary, and he tells me that he will deposit it into my account. However, to date, I have not received the salary.

Regards, Bhavesh Sheth

If you have worked for even a single day, then the company must pay you for the work done. However, since the legal entity no longer exists and the person has joined another place, you have very limited and unpleasant choices.

1. You can approach the labor court with your problem, but you must have some proof (even work done for him for which you have communication from him is evidence enough).

2. You can file a criminal case for intent to commit fraud/cheat at the police station and take it from there.

3. You can write a letter to his new employer stating the facts and asking for their help in resolving this issue.

I'm not a legal expert, hence my opinions need to be vetted by a professional lawyer.

You must also be ready to face a backlash in all three scenarios. If he is a person of questionable character (his past activity would suggest so, but we have only heard your part of the story and hence our perception is based on that), he will not take it smoothly. So here is an important question for you... Are you ready for a fight? Would it be worth your time and energy? What will you achieve at the end of it, and what would you lose? Think about it...

If you need to talk to me, send me a message and let's chat.

Cheers!