Struggling to Recover Unpaid Salary: Can Managers Seek Help from Labor Court?

Hi All, My sister was working in a startup IT company as a Business Development Manager from 1st Feb '17 to 30th Sep '17. She received a salary for the first three months, and thereafter, she didn't receive any salary from May '17 onwards. Three persons had opened this company in partnership. Later, these people always kept telling my sister that her salary would be paid the next week, but it was never paid. This happened multiple times. Then my sister resigned, and now we are still struggling to get the salary. The owners are now saying that my sister has not brought any business, which is why they claim not to have the money to pay her salary. We have the offer letter as well as the relieving letter for the mentioned dates.

Questions about salary recovery

Now, my questions are:

1) Being in a managerial position, can a manager lodge a complaint for not receiving a salary at the labor court? The Industrial Dispute Act, 1947, is applicable to workers and not to managers or supervisors for lodging a complaint at the labor court.

2) If not, is there any other alternative to get the salary? If yes, then what and how?

I request all of you to please suggest/guide me on the above pointers at the earliest.

Thanks in advance.... Rakesh

Certainly! Here is the corrected version of the user's input with proper spelling, grammar, and paragraph formatting:

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Haa... okay, sir. Absolutely, she can just lodge a written complaint BEFORE A LABOR OFFICER OF THE CONCERNED AREA. AND DON'T FORGET TO SEND A COPY TO HIGHER OFFICES TOO.

SHE IS ELIGIBLE TO GET ALL HER WORKED PERIOD UNDOUBTEDLY... GO AHEAD... FILE A COMPLAINT UNDER PAYMENT OF WAGES ACT... PLEASE GO AHEAD, SIR.

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I have corrected the spelling, grammar, and punctuation errors in the user's input while maintaining the original meaning and tone. Let me know if you need any further assistance.

Dear Rakesh,

If she was working as a manager and performing supervisory duties, she may not fall under the category of an employee. Therefore, she may not be allowed to file a complaint at the labor office. However, she can indeed file a case in court for the same.

Dear Rakesh, Before giving any opinion or advice, we need to gather some information:

1. How many employees are there in the company?
2. Did she have a team? Was anyone reporting to her?
3. Who was authorized to sanction leave, advances, conveyance, traveling bills, etc., for the employees?
4. What was her exact role, and to whom was she reporting? Did she receive day-to-day instructions from someone in the office?
5. Merely having the title of Manager does not make one a Manager if there is no authority or staff for supervision.
6. Yes, you can file a complaint with the Government Labour Officer, sending copies to the Labour Commissioner, Deputy Labour Commissioner, Assistant Labour Commissioner. If it is a private limited or limited company, also send a copy to the Registrar of Companies, state labour minister, and labour secretary.

Warm Regards, Bharat Gera HR Consultant

Oh, sorry, friends. A manager cadre employee can also be eligible for filing a case before the Labor Department under the ID Act. There is no differentiation for declaring justice, whether it's a manager or a helper cadre.

Actually, an employee filed a complaint about the injustice done to him by the employer. The government office received the complaint and converted it into the relevant labor act, issuing notices to both parties. The proceedings are now underway. So go ahead, sir.

Dear Friend,

All those who are working are classified as workmen, supervisors, and managers. If concerned, one can file a case at the Labor Office. They can also file a civil case to claim their payment.