How Should I Handle a US Staffing Company Ignoring My Unpaid Salary Request?

I am working with a company named Ivy Tech Global Inc. It's a US staffing company (offshore), but legally registered as a US firm. I did not receive my salary for the month of April and decided to quit the job in May. I sent an email to the director requesting to clear my salary; otherwise, I would take the matter to the labor court. Unfortunately, I did not receive any reply from him. I kindly seek your assistance in taking action on this issue.
Thank you

Understanding Legal Procedures Before Approaching the Labor Court

You should not mention that you will go to the labor court just like that in your first email to the director without understanding the legal procedures in Indian acts.

If your salary is more than Rs. 18,000/-, you will not come under the purview of the Payment of Wages Act. So, you have to go to the labor court and file a case by having an advocate for you under the Industrial Disputes Act, which will be a costlier process. Just for one or two months' salary, you may be forced to end up with legal battles. Mostly, Indian acts will cover low-salaried employees.

Best Course of Action

So, the best course of action for you is to deal with your employer in a soft manner to collect the dues (collective bargaining). The continuous emails and phone calls may prompt them to pay your salary and get rid of you. If you have absconded without serving the notice period, they may consider that salary to adjust in the notice period due and pay the remaining amount if available.

Avoid Emotional Decisions

Emotional decisions will never benefit an employee. You should have sought advice here before quitting a job, which would have been a wise decision.

More details from you could help us provide better suggestions. How many years have you been working, which location, employee strength in India, any office address they have in India, approximate salary package, etc.

I have been working in this company for the past 8 months in Hyderabad. We have an office in Ameerpet, but the company I was working for is a sister concern. My salary was 18k/month, and the reason I had to quit the job is that I'm pregnant. The director was the one who suggested that I leave as I had waited for almost a month for my salary. Therefore, I am taking this step.

Request you to also let us know the procedure if the salary is below $18,000 and the company doesn't do the full and final settlement.

Also in my company, I've seen that they do not clear the employee's PF after he leaves. Just want to be on the safe side by knowing the procedures if they block the PF and salary after I leave.

Recovery of Unpaid Salary Dues

1. If the salary is equal to or below Rs. 18,000, you can approach the Deputy Commissioner of Labour for the recovery of unpaid salary dues. The complaint should be attached with the last month's payslip and attendance record, if any. They will call both parties for negotiation and close the issue. If a settlement is not reached through collective bargaining, it will be referred to an industrial tribunal, where an order will be sent to the employer to settle it with interest.

Claiming Your EPF After Resignation

2. Once you have resigned, you need to send the filled Form 19 and 10C, a canceled cheque leaf or passbook, self-attested, to the employer after 60 days from your last working day to claim your EPF. The employer should authorize and submit it to the EPFO within 5 days of receiving your form, as per the act. If any employer has not followed this, you are always welcome to raise the grievance in the EPFO portal. Action will be taken against the employer, and the payment will be settled on a priority basis.