How Can I Legally Claim My Unpaid Salary from a Previous Employer in Pune? Seeking Advice!

Dear Team, My previous company was paying salaries late, defaulted on TDS deposits, and PF payments as well. My salary was 25,000 per month. I have since left that company and joined a new one. The previous employer is still paying late salaries to current employees but has not settled dues for employees who have left.

Proof of Employment and Salary

I have the salary slips and relieving letter as proof. Could you please advise me on what options I have to claim the pending salary from the company? Can I take legal action against the company? If so, under which law and section?

Taxation Concerns

From a taxation perspective, I understand that I may still need to pay taxes on the pending salary, even though the chances of recovery seem slim. How can I expedite the process of getting my dues? Your guidance on this matter would be greatly appreciated.

In this situation, you can take the following steps to claim your pending salary from your previous employer:

1. Consult a Labor Law Expert: Seek advice from a legal professional specializing in labor laws to understand your rights and options under Indian labor laws, specifically the Payment of Wages Act, 1936.

2. Send a Legal Notice: Consider sending a legal notice to your previous employer demanding the payment of your pending salary. This formal communication often prompts employers to settle dues.

3. File a Complaint: If the employer fails to respond to the legal notice, you can file a complaint with the labor department or the labor court in Pune, India, under the Payment of Wages Act.

Regarding taxation concerns:

1. Consult a Tax Advisor: Speak to a tax consultant to understand the tax implications of the pending salary. Even if the salary is pending, you may still be liable to pay taxes on it.

2. Claim Tax Deduction: You can claim a tax deduction for the pending salary in the year it became due, even if it has not been received. Ensure you maintain documentation to support this claim.

It is essential to follow the legal procedures diligently and seek professional advice to expedite the process of claiming your dues.