Not Paying My Salary After Demonatisation From Last Four Months

I worked at a company where they used to pay 40% of my salary through a check and 50% in cash. Initially, they always used to delay my salary; I never received it before the 25th of the next month. After demonetization, they stopped paying my salary. Understanding the situation, I didn't ask for my November salary until January 10. However, when I inquired, they would make fake promises. Finally, after continuous requests and not receiving it by the end of January, I decided to leave by the first week of February. Until now, they continue with the fake promises and not paying my salary, making fun of me. I feel tortured as I joined this company only because the boss had pursued me persistently for over a month. Therefore, I decided to leave my previous job and come here. I cannot take legal action as I don't have any proof such as a salary slip; they owe me around three months of salary. Till February, I received the check amount in my account as they would often delay my salary by not paying on time. What should I do? I am suffering a lot. Please help me with this.

From India, Delhi

Dear Riyu,

It's very difficult to get your salary back because you don't have any proof. You did not go through the legal process as well. However, try approaching a good legal professional who handles such matters and attempt to resolve it. Alternatively, you can request your boss for your salary.

For future reference, please ensure not to join any company without the proper documentation like a salary slip, offer letter, appointment letter. All of these documents are crucial at the time of joining a company.

Thank you.

They used to get our signature on the revenue stamp slip for both the cheque and the cash, but nothing was given to us; their accountants kept those. I have my boss' call records and WhatsApp messages in which they agreed to pay me, but they have not paid me yet. Can I go to the police?

I don't think you can do anything to get your past salary dues except by pursuing the matter in a friendly and cordial manner. One should not join companies where business is conducted in a shady manner. This often occurs because there are many consultants in the market who advise them to follow unlawful ways of doing business.

Please be very careful in the future to avoid such bad experiences.

It seems your case is that 40% of your salary was paid by cheque and the remaining 60% by cash. Now, the employer has refused to pay the outstanding salary. You do not have any documents to prove 100% of your salary. I assume you can only prove 40% of your salary.

In such a scenario, you may take a chance by going legal and sending a legal notice demanding the 100% outstanding salary. Upon receipt of the management's reply, you can decide the next course of legal action.

You can take legal recourse, no doubt about it, but before going legal, you should meet the boss and follow the process outlined below:

a. Narrate the complete story from beginning to end, emphasizing that you were promised 60% of your salary off the record and in cash, which was paid for several months before stopping. Request payment and record the entire conversation starting from pleasantries.

b. Be aware that by accepting cash payments, you may have also engaged in illegal activities with them, and they are aware of this. If you are prepared to face the consequences, then pursuing legal action may be an option.

c. Ensure that your total salary amount does not make you liable to pay income tax.

Please review the corrected version of your input for accuracy and clarity.

First, you have to collect the proof of the total salary per month that is committed by your boss, whether it is cash or a cheque. Proof could include a salary certificate or appointment letter from your new company. Then, you have to search for a new job where this type of problem does not exist. If you secure a new job, talk in a friendly and cordial manner to address your salary concerns or explain any personal financial issues. This is the only way to receive your pending salaries. It is important to maintain professional relationships, especially with previous bosses. If you do not require feedback from your current employer, you can contact the police.

Dear Riyu,

While going through your narrated tale, one does have sympathy with you. However, as far as the legal scenario is concerned, you will not be able to get anything out of it even after recording the conversations with your employer. In my opinion, the best and only way is to approach your employer and politely request the extraction of your outstanding balance.