How Can I Recover 11 Months of Unpaid Salary After Sudden Job Termination?

Dear All,

I have been working in a startup BPO company since May 2013 and have received a letter of appointment. During discussions with the management, considering it was a startup, I was asked to be patient for a couple of months regarding salary matters. However, only four months' worth of salary (via bank transfer) has been provided from then until now. Suddenly, without any prior notice, the company terminated my employment citing business losses. When inquiring about my outstanding 11 months' salary, I have received negative responses.

The company has only given me a Letter of Appointment and an ID card, and it is registered as a Small Scale Industry. I seek guidance on how to recover my dues and what steps I should take next.

Please advise me on this matter as soon as possible.

Thanks and regards,
SAMUEL

Regarding your salary concern, if your salary is below 18K or more, you can approach the Labour Commissioner (RLC). Please share the details with them.

Best regards,
[Your Name]

Issues with Non-Payment of Salary and Termination

There are two issues involved. One is the non-payment of salary, which is against the Payment of Wages Act, and termination due to financial loss without complying with the provisions of the Industrial Disputes Act.

The matter of non-payment of wages comes under the jurisdiction of the Payment of Wages Commissioner appointed by the government. This is not necessarily the Labour Commissioner, who is the head of the Labour department in the state, but may include the Deputy Labour Commissioner, Assistant Labour Commissioner, or even the District Labour Officer.

At the same time, the District Labour Officer is the conciliation authority under the ID Act. However, for an aggrieved employee, the provisions of these Acts and the jurisdiction of different officers are immaterial. They are free to file a complaint before the Labour Officer or even the Labour Inspector/Assistant Labour Officer of the area where their office is situated. Therefore, you may meet the concerned officer at the labour office and file a complaint by yourself.

Regards,
Madhu.T.K

Dear Madhu, Very glad to hear from you. Kindly elaborate if you have any idea about the procedure to file a complaint and to which designated authority, and also the supportive documents to be produced...

Regards, Sam

Addressing Salary Disputes Across States

The practical side, or the procedures followed in your state, may not be the same as those being followed in another state. I would suggest that you meet the local Labour Inspector and file a complaint, sending a copy to his superior, i.e., the Labour Officer and the Assistant Labour Commissioner (IR). It is advisable to personally hand over the copies to each official so that you can have an initial discussion on the matter with the officers at each level. The issue will be consolidated.

Regards,
Madhu.T.K