Struggling with Unpaid Wages and Termination: How Can I Retrieve My Dues?

Issue with Salary Payments and Termination

The company was not paying salaries for 25 months. Only cadre-wise, approximately 50% advance payment was made for 20 months. This was due to non-payment by the working agencies' customers, leading them to shout at employees and not provide weekly off adjustments. Additionally, the company was not clearing dues for ex-employees who resigned 2-3 years ago. This situation compelled me to avoid going to the office without any prior information and start working elsewhere. The company later sent a letter stating that my services were no longer required due to extended absence.

Seeking Guidance on Retrieving Pending Dues

Please guide me on what steps to take to retrieve my pending dues from the company. Is non-payment of wages equivalent to illegal termination?

Thank you.

Two things you can do:

1) Make a team of all the employees who are not paid, or you can alone file a civil suit against the company for payment of dues.

2) Lodge an FIR under IPC (Cheating cases) against the company and directors.

3) Lodge a petition with the regional labor commissioner along with a copy to the Central Labor Commissioner. A copy must be sent to the Ministry of Labour.

You can also contact us through the website below.

If you file a civil suit, you have to bear stamp duty and other charges. Please submit your claim under the Payment of Wages Act if your gross salary was below Rs18,000 per month. Similarly, submit your gratuity claim. Reply to their letter immediately stating that you left services since salary was not paid to you. Give a detailed reply supported by facts and figures. You can file a claim along with other affected employees.

The information provided by you is incomplete. What was your designation and role? What was your monthly salary? Do you have payslips of your earlier full salary paid to you? What was your date of joining? Did your employer send you any cheque with the letter? Have you prepared your recovery details?