Salary Stuck for 1.5 Years at X-Company: Should We File a Labor Complaint?

Salary Issues at X-Company

I had been employed by X-company, which is a small firm. After completing 4 months, the company was facing issues that affected employees' salaries. The company kept almost every employee's 2-month salary pending. All employees were communicating with the director for the pending salary, but he is just making promises. It has been 1.5 years, and we still haven't received our 2 months' salary. Every employee has received their relieving letters.

What should we do? Should we proceed with a labor complaint or not? Any suggestions would be highly appreciated. Please guide us.

Regards,
Nilesh Pujari

Dear Nilesh, I would suggest that you do the homework of all relevant documents before proceeding with any legal matter. It seems that you mentioned your organization was very small, so most small-scale industries are smart and tend to avoid documentation with employees. For example, not providing an offer or appointment letter, or a confirmation letter, and paying salary in cash without deductions for PF, ESIC, etc.

If you have all the relevant documents with you, then you may proceed with the legal matter. If, in case, you were a worker, then you may file a complaint with the labor department and the industrial dispute department. If you were above the worker level, then you can file a civil case.

Regards, Tushar Swar

Thank you for your inputs. I will definitely cross-check my documents. As per my knowledge, I have an offer letter, an appointment letter, and salary slips, excluding the pending month's salary slips.

One more thing I want to ask: how much time will it take for the labor department to take action against such legal matters?

Aggrieved employees together lodge a complaint with the Deputy Labour Commissionerate seeking recovery of your salary with 18% interest per annum along with compensation. Advance wishes for winning the case. Kindly have a good lawyer.

Sir, please don't show any pity on the employer... Ever. Please. If you may be ready to lose your salary as you can afford, but not at all by all co-employees. It is better to file a complaint before a Labour Department authority under the Payment of Wages Act. The employer has no right to stop anyone's salary. He should beg or borrow to pay the salary dues to all, with interest from all the delayed months.

Hello everyone,

Please provide advice on what to do if your employer refuses to pay your outstanding wages in full and final settlement. The business is an automobile giant dealership.

My ex-employer has been withholding my income, including my one-month wage and my two-year statutory bonus, for almost 2.5 years.

Please advise if I should file a lawsuit. Although the employer says they will pay the debt in the upcoming months, it has been unpaid for a long time, and local authorities have not offered a resolution.

Vishal Bhardwaj