Facing Salary Delays and Unjust Treatment: How Should I Address This with My Employer?

I joined a Kolkata-based Private Limited company on 30th May 2016, and they issued an employment letter accordingly. As per the employment letter, my salary is to be paid on the 7th of every month. Although my June 2016 salary was credited on 11th July 2016, for the month of July 2016, the salary was supposed to be paid on 7th August 2016. The MD of the company verbally mentioned that the process of salary payment might be delayed without providing a reason, which I did not inquire about. On the 12th of August 2016, I wrote an email to the MD and Head of HR requesting information on my salary payment status, to which they replied that it would be paid on Saturday, 13th August 2016.

Due to my illness, I took a leave and informed them via email. However, on 16th August 2016, when I inquired once again about my salary, they simply denied payment, used abusive language, and stated that my July 2016 salary would not be paid due to poor performance. Throughout my tenure, neither the MD nor the HR department issued any letter regarding my performance nor mentioned it verbally.

Kindly advise me on what steps to take next.

Regards

Filing a Complaint with the Labour Commissioner

You can lodge a complaint with the Labour Commissioner under the Payment of Wages Act if your wages are less than ₹18,000 per month. The Labour Commissioner will take action and ensure that your employer pays your salary with interest.

Employer's Responsibility for Timely Payment

It is the employer's responsibility to ensure that employees are paid by the 7th of every month if their workforce is fewer than 1,000. Even if they claim that performance is low, minimum wages must still be paid. An employer cannot withhold the entire salary due to poor performance.

Importance of Filing a Complaint

Filing a complaint can serve as a reminder to your employer to adhere to regulations. When lodging a complaint, it is essential to provide supporting evidence in your complaint letter.