How Can I Recover My Unpaid Salary from a Previous Employer? Seeking Advice

Hi there, I worked for a company that didn't pay my last month's salary. They mentioned in the offer letter: "You are being appointed as Regional Manager - Sales with our concern. You will be entitled to a monthly remuneration of Rs. [B][\/B][B]*- per month. In addition, you will get Rs. [\/B][B]*\/- towards traveling conveyance. You are supposed to get a minimum of one order per month. You will be entitled to get incentives of Rs. [\/B]**\/- per sale from the second order. Apart from that, we don't have any facilities such as ESI, Payslip, and PF. Is there any possibility to get my salary?

Thanks

I can't determine solely from your offer letter. Please clarify how long you have been working with that company and if they informed you about remuneration only upon achieving the target. Are you still working there, or have you been relieved from the company?

Thank you.

From the above, it is clear that you were appointed on a contract basis for fixed remuneration, not on a salary like in the case of a regular employee. So, the terms of your appointment are purely governed by the appointment order, which might specify a fixed period of 6 months to one year. According to the terms of your appointment order, you are required to obtain a minimum of one order from customers/clients for the company's product. Did you fulfill this condition for the month in which you did not receive your remuneration?

If you fail to do so, the question of receiving remuneration for that month will not be addressed by the company. When you are not receiving remuneration, other payments like Conveyance Allowance and Incentive should also not be paid.

Regards,

Employment Appointment and Incentives

You have been appointed in employment. You are eligible for incentives (in addition to salary/wages) from the second order. The salary slips have to be provided to all employees, and PF, etc., to all eligible employees, even if the company has declined/not stated this in the appointment letter.

Designation and Coverage Under Acts

Designation alone doesn't decide that a person is covered as a 'Workman' as in the ID Act, or as an 'Employee' as in the Shops and Commercial Establishment Act, etc.

Attendance and Written Instructions

You should not stop attending to duties even if the company verbally asks you until you are asked in writing.

Delayed Payment and Complaints

Employees can lodge a complaint the moment payment of wages is delayed, even by a day, and the employer can be penalized, say Rs. 7500 per instance. Minute all discussions in writing under proper acknowledgment.

Default on Salary Payment

If the employer has not paid the salary on the payday, then it has defaulted and breached trust and has become unworthy of being employed with... and conditions like the notice period should lose its sanctity.

Communication and Absence Due to Non-Payment

Write and cover everything and mention that you are unable to attend the office since your earned wages are not paid, and you are unable to meet the expenses to attend the office. You shall be at your address as in the record and eligible for salary.

Handling Employment Matters

If you are unable to handle the matter on your own, entrust it to your employees/trade unions/Labor Law Consultant.