Facing Unpaid Wages: How Can I Legally Recover My Salary from My Employer?

I am Yogesh Kumar. I was working in a company as a carpenter on a monthly salary of Rs. 12,000/-. My employer has not paid my salary and conveyance amounting to Rs. 26,940/- (24,000 + 2,940) for the last 2 months (July & August). Since I was facing financial problems and not receiving my salary from my employer, I had to leave my job effective from 1st September 2017. The same was communicated to the employer at the time of leaving the job.

I have requested in every possible manner for my employer to pay my pending salary and conveyance for the past 2 months, but he is not responding in a satisfactory manner. He also says that I underperformed in the past 2 months, which is why he is giving me trouble and not paying my dues. However, no such discussion was made with me regarding salary being based on performance at the time of hiring by the company. I have done my work sincerely and honestly. Now, I have lost hope that he will pay my salary.

I only have an employee ID card, which contains my employee ID number, company name & address, and my photo. I don't have an offer letter or salary slip, as the same was not given by the employer. My employer gives salary to all the staff in cash.

I request you to please advise how I can proceed legally to recover my dues from the employer.

Dear Yogesh, what is happening with you is quite unfortunate. Nevertheless, you could have approached this forum before quitting your employment and not after.

Seek Assistance from the Labour Officer

Anyway, please find the office of the Labour Officer under whose jurisdiction your company falls. Go and meet him and explain your problem. Your employer can be booked on several counts; however, your concern is limited to getting a salary for the months of July and August.

Please note that Labour Officers are different from Labour Lawyers. The former are government authorities, and the latter practice in their personal capacity. Labour Officers do not charge any fee for their intervention.

Thanks,

Dinesh Divekar

Legal Steps to Recover Unpaid Salary

You have a very strong case against the employer subject to the following conditions:

1. If you have not given any resignation or any letter regarding leaving the employment.
2. They must be recording your attendance somewhere.
3. Your ID card must have the signature of someone from the company.
4. If all the employees receive salary in cash and do not have salary slips, some of them will provide evidence in support.
5. Do you have ESI and PF benefits? Was there any deduction for these from your monthly wages?
6. How long have you been working there?

First, please contact the Labour Office/Officer of the area and explain your problem in detail; they will assist you. If you are not satisfied, then please contact an advocate or Trade Union who will be able to help you, although there may be some costs involved.

Warm Regards,
Bharat Gera
HR Consultant