How Can I Get My Unpaid Salary and Dues After My Employer Closed Suddenly?

I joined a pharmaceutical company as a Business Head on 3rd October 2013 and was handed the offer letter, but never received an appointment letter, even after repeated verbal reminders to HR. On 17th October, the director of the company said that he could not pay the salary for October. I was shocked to hear this in the first month of joining. How will the products sell when the field staff are never allowed to work with peace of mind? After a lot of convincing, he released the salary for October 2013.

But, to my utter dismay, in mid-November 2013, I got a text message from the chairman of the company stating that the salary would be on a percentage basis of the total payment collected from the market. The entire team objected and rejected this, as we were hired on a salary basis and not on a commission basis. On 15th November, I received a text message from the Chairman of the company that Pharma had closed, without any prior notice.

After witnessing the utter nonsense going on in the company in all departments, I resigned from the services of the company on 21st November 2013.

The company did not pay my salary for the month of November and field expenses for October and November. Nearly 10 times, I went to the office after I resigned and asked the director to pay my salary and settle my account by clearing all my dues. But every time, he makes false promises, and it has been 6 months now. I have written nearly 15 emails to the company, but not a single one was replied to.

Unsettled Dues

The following things were never received by me:

1) Salary - November
2) Expenses - October & November
3) Appointment Letter
4) P.F number/P.F Reimbursement
5) F&F Statement
6) Relieving letter

Kindly guide what I should do, as it is now absolutely clear the company will not settle my account.

The sudden closure of the company without any prior notice has affected my career, caused financial and mental harassment, and above all, I am not able to take proper medical care of my elderly parents.

Regards,
Prasenjit

You can't go to the labor court as you are not a worker, but yes, you may file a case or issue a notice against the company under civil law. For better advice, you may seek guidance from an advocate.

Regards.

Thank you, Mr. Tushar, for your kind and valuable advice. Legal battles are long and cumbersome processes. Is there any other route to settle the matter? What channels need to be followed for fighting a legal case? The company is a pretty big-sized company and has a record of malpractices and has played with the careers of hundreds of people.

Legal Procedure Duration

Normally, how long does it take to settle the matter through the legal procedure?

Regards,
Prasenjit

I could see 19 views, and only one responded. Please, it's my earnest request to all, kindly guide me the right way to get my hard-earned money. A company in the capital of Delhi is playing with the law as if it were child's play and, in return, has spoiled the careers of hundreds and thousands without even bothering to settle their accounts.

Regards,
Prasenjit

You want justice, but you don't want to fight for it. How would it be possible to get justice then? Sometimes, you need to fight to get justice, and nowadays, it's almost always necessary.

It's your decision; you can choose the legal way or any other way. I would also like to inform you that you can file a case in the civil court as well as in the Industrial Tribunal under the Employment and Industrial Relations Act.

However, no one can tell you how long it will take for the closure of any legal case. It purely depends on how strong your case is and how the defendant may defend it.

Thank you so much for your insight. I am ready to fight, or else I wouldn't have taken the pain of finding the website - citeHR after a lot of research on the net. Nevertheless, I just want to leave no stone unturned and get justice. I also know that I shall be fighting against a company that is financially very strong and can mold the case as per their desire. So, I should approach the right way and hire an expert advocate who will fight not just as a case but as a cause to teach them a lesson in not playing with innocent employees ever. I wanted everyone in the forum to share their views, ideas, suggestions, and feedback if they have any, which will guide me in approaching the case.

Seeking Legal Advice

Tushar, do you think I should also lodge a complaint of cheating and misappropriation at the local concerned Police Station? Is there any other place where I should approach that will help me get justice faster?

Regards,
Prasenjit

I understand your pain; I did not mean to hurt your emotions. Regarding the police case, I believe that whatever false commitments were given to you by the company were all oral communications. Therefore, you don't have any evidence to prove that, and practically, one can say that the police can be influenced by the company as they are economically stronger than you.

I have experience in such cases where employees go to the police station to file a complaint. However, most of the time, the police avoid taking or lodging the FIR against any complainant, about 99.99% of the time. Once the FIR is filed, they are obligated to take action, so settling the charges may become possible. It would be advisable for you to hire an advocate and seek advice from them.

Kind regards,
Regards