Frustrated with Delayed Salary Payments: How Can I Get My Money Without Legal Trouble?

My previous employer called me back after I left the company in October '23, after serving my notice period, saying he would increase my salary. Then, my salary was delayed for two months, and in December '23, I received the same amount, so I left the company the next day.

Later, after many follow-ups for salary payments for November and December '23, I was called to the office in April '24 and told by the boss that I would get full payment in one week. I have a voice recording of the entire meeting. I also have call recordings, SMS messages, and mail reminders.

But I am still being told "next week" repeatedly even after daily follow-ups. Please guide me. I am fed up. I am even thinking of trying some other illegal ways to get my money back if needed.

Hi Sagar-Shriyan, I'm sorry to hear about your situation. Here's a structured approach to help you get your dues legally and effectively:

Gather and Organize Evidence

Ensure all your documentation is in order:
- Voice recordings
- Call recordings
- SMS messages
- Email correspondences
- Any other written communications

Send a Formal Demand Letter

Draft a formal letter demanding the payment of your dues:
- Clearly state the amount owed.
- Reference the agreement made during your meeting in April.
- Include a deadline for payment (e.g., 7-14 days from the date of the letter).
- Mention that you will take legal action if the payment is not made by the deadline.

Seek Legal Advice

Consult with a lawyer who specializes in employment law. They can help you:
- Draft the demand letter professionally.
- Advise on the next steps if the demand letter is ignored.
- Represent you in any legal proceedings if necessary.

File a Complaint with the Labour Court or Tribunal

If your employer still fails to pay, you can file a formal complaint:
- Approach the Labour Commissioner’s office in your area.
- Provide all your evidence and the demand letter.
- They will mediate and, if necessary, take legal action against the employer.

Stay Professional and Avoid Illegal Actions

While the situation is frustrating, engaging in illegal activities can jeopardize your case and lead to legal consequences for you. It’s important to remain calm and follow legal procedures to resolve the issue.

Use Professional Networks

If you have professional contacts or know others in the industry, share your situation discreetly. Sometimes, industry pressure or word-of-mouth can encourage employers to resolve such issues more promptly.

Thanks

There are always legal and illegal ways to handle such situations, and both can be costly.

You might feel foolish for returning to the company and continuing to work despite not receiving your salary on time. However, sometimes it's necessary to learn from mistakes. How much is the salary due? One option is to approach the Labour Commissioner for assistance. Another is to seek help from unions or local politicians, though each has its own set of challenges. As for illegal means, I hope you have considered the risks involved, including the possibility of imprisonment. And do you think that comes without cost?