Stuck Without Pay: How Can I Legally Recover My Salary Dues from a Past Employer?

I had worked as an Area Manager in a courier firm from September 12 to November 12. On mutual consent, I resigned on November 31st, 2012. I gave a resignation letter and handed over my mobile as well. It has been more than 7 months, and I am still following up for my salary. However, I have not been able to recover the amount due, which is $21,755.

There is no offer letter from the employer; however, I have a salary certificate signed with a seal and signature on the company letterhead. Additionally, I have an email trail where the employer has confirmed that they will pay me.

What Options Do I Have to Recover My Dues Legally?

What options do I have now to recover my dues, legally as well?

7 months is just too late, and I can see the employer does not want to pay you. Immediately send a legal notice through an advocate.

Regards,
Ukmitra

Questions to Consider Before Taking Legal Action

Do you have the attendance record proof to demand your salary? Have you not signed any letter, such as an offer, appointment, or Standing Orders during your tenure with the company? Did you receive all other papers regarding your relieving experience before filing or approaching the legal route?

The reason behind asking is that once you go legal, it should not backtrack you and spoil your career.

Thank you for your guidance. Is my paperwork sufficient to proceed legally? What would be the cost for going legal, and what is the time frame to get a result?

Thank you.

I have no appointment letter, offer letter, salary slip, or attendance record with me. Upon my request, they issued me a salary certificate on letterhead signed by the owner with a seal and signature. I have a long email trail following up for my salary, and he has personally responded, confirming that he will pay me.

Regards

Was there any PF deducted from your monthly salary, and do you have your PF number? Are you presently employed? If so, you can approach the Labor Department and file a case. I hope you have received all the documents, and only the final salary/settlement is pending. It would be better if you could consult a Statutory Consultant with all the relevant documents beforehand.

Regards

Dear Mahesh, No deduction for PF in the previous and existing company. They issued me a salary certificate on letterhead signed by the owner with seal and sign. I have one long email trail follow-up for salary, and he has personally responded, confirming that he will pay me.

Options with Existing Paperwork

What options do I have with the existing paperwork?

Please consult with a Statutory Advocate and proceed with serving a notice to the company regarding your pending salary and the interest on the amount for the period it has been withheld.

Thank you.

Regards

In my opinion, if your single signature on any company documents is valid proof, you can legally challenge the company. You could file a case in the labor court, and it is believed that 99.99% of decisions favor the employee in labor court. Send a legal notice and observe the effect; the company will surely respond to you.

I have a salary certificate only signed by the proprietor on the company letterhead and email confirmation from him to clear my dues. Are these papers sufficient to pursue legal action? How should I approach the labor court? Are there any defined norms or specific paperwork required for the same?

Thank you.

Regards,

You can go through the website of the Labour Court of India. The link is http://labour.nic.in. Here you can find all the answers to your queries.

Regards,
Surendra Shekhawat

With a salary of above 18,000 per month, you are not under the Payment of Wages Act. So, a route for speedy recovery is gone. Advocate fees for a civil suit are going to be far above what your salary is. So, that is not worthwhile, apart from being a very distracting factor in your new job.

Options for Recovering Unpaid Salary

One way is to send a lawyer's notice and hope they will get scared and pay up, but it's not likely to work. Another way is also to go and meet the labor officer in your area and see if he is willing to take up the matter. If he does, something good can come out of it.

The other way is to forget it and let it go.

I was working as a sales executive in a non-organized firm for the last four months, with a salary of Rs. 10,000/- and TA of Rs. 1,500/- per month. After three months, the owner of the firm informed me that if my business did not generate Rs. 1 lakh in the following month, I would have to leave the job. At the end of the month, I offered my resignation as my business did not meet the target. They accepted my resignation but mentioned that one party's payment had not been received yet. The party was unwilling to issue the cheque as they had invoiced my party outside of their contract terms, imposing an additional Rs. 3,000 as ODI charges. Since ODI charges were not stipulated in the contract, the firm deducted Rs. 2,000 from the bill amount. Now, they are withholding this amount from my salary after a two-month wait. This deduction has been a recurring issue with my salary, without any valid explanation. Please assist me. After leaving the job, I was at home for a month, and my family's financial situation was dire. I had no money to sustain myself. Kindly take prompt action. (I joined the company on July 20, 2014, and resigned on December 1, 2014)