How Should I Handle an Employer Who Won't Pay My 38 Days of Due Salary?

I joined on the 11th of October 2013 at an ad agency. However, they did not provide me with an appointment letter. They paid my salary by cheque for the month of October on the 11th of November. Unfortunately, on December 7, 2013, they informed me that my employment was to be discontinued. Since then, they have not paid my salary for November and the 7 days of December, leaving 38 days' worth of salary pending with them.

Handling Salary Issues in Small Ad Agencies

As it is an ad agency, it might be small in size with limited manpower and no organized or professional way of operating or existing. Expecting a comprehensive appointment letter from such an agency does not always come to fruition. It is advisable to have a family member or friend discuss your employment details and demands with the agency owner and kindly request the release of your due salary. The issue of pending salary payments can only be resolved through mutual understanding and agreement. Hopefully, taking the above actions may assist you. Thank you.

No, they are not giving salary through mutual agreement. Instead, they are saying that you can go to court.

If they are straightaway rejecting your request, then a written complaint can be lodged in the respective area's office of the Labor Commissioner, presenting facts/proofs of your employment and hoping for a solution. Valuable comments from senior members of the forum would be more helpful and effective.

Thanks

In my opinion, as they are steadfastly denying payment, you should first write them a letter stating that your salary for a specific period is pending and remains unpaid despite several reminders. Clearly mention that if your account is not settled within the given time frame, you will approach the Labour Authorities.

Send this letter via Registered AD and also CC the Labour Commissioner of your area. Ensure that your complete and correct address is provided on the letter. If they still do not respond, you may proceed to the Labour Office for the recovery of these dues.

Hope this guidance proves helpful to you.

I have sent them two letters through registered AD. They replied that they are paying me professional fees and claimed they were free from the job once I refused to do it, which was incorrect. In short, they stated that I am not a laborer. They also advised me to go to court.

It's better to meet with an advocate and send a legal notice to clear your due amount.

What are the possibilities of getting my salary after going to court? I only have a bank statement showing one month's salary, which was paid by cheque from them.

Thank you.

Dear Skavita,

Will you please share what you wrote to them in those two letters and what they replied to you?

I had written that they have to pay my salary for the months of November and December, 7 days, plus one additional month's salary. They told me to discontinue the job without giving any reason.

In response, they wrote that I am not a laborer; they are paying me professional fees. On 7th December, I refused the assignment, believing it freed me from my duties, which they claimed was wrong. They employed me as a professional, but I did not sign any contract.

Regards.

In my opinion, you should approach an advocate and send them a legal notice for settling your Full & Final A/C. The advocates know what things to be mentioned in it and which points are to be highlighted. Let their reply come and then decide accordingly.

On the basis of one month, can I file a case to get my salary? Otherwise, there is no use in going to court. I need to know whether my side is strong or the other side is strong.

Legal Action for Unpaid Salary

Can I file a case against them to recover my salary based on one month's salary? Otherwise, there is no use in going to court. I need to know whether my side is strong or the other side is strong.

Sending a legal notice and filing the case are two different things. However, going to court means the matter may be settled in 6 months or not even in 6 years. It is better to discuss the matter with an advocate personally. Seek their suggestions, show them the documents you have, and also consider the pending amount. It will be much better before making any decision in this regard.

Regards