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I joined on the 11th of October 2013 at an ad agency. However, they did not provide me with an appointment letter. They paid my salary by cheque for the month of October on the 11th of November. Unfortunately, on December 7, 2013, they informed me that my employment was to be discontinued. Since then, they have not paid my salary for November and the 7 days of December, leaving 38 days' worth of salary pending with them.
From India, Mumbai
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Handling Salary Issues in Small Ad Agencies

As it is an ad agency, it might be small in size with limited manpower and no organized or professional way of operating or existing. Expecting a comprehensive appointment letter from such an agency does not always come to fruition. It is advisable to have a family member or friend discuss your employment details and demands with the agency owner and kindly request the release of your due salary. The issue of pending salary payments can only be resolved through mutual understanding and agreement. Hopefully, taking the above actions may assist you. Thank you.

From India, Indore
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No they are not giving salary by mutual talk. Instead of that they r saying that u can go to court.
From India, Mumbai
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If they are straightaway rejecting your request, then a written complaint can be lodged in the respective area's office of the Labor Commissioner, presenting facts/proofs of your employment and hoping for a solution. Valuable comments from senior members of the forum would be more helpful and effective.

Thanks

From India, Indore
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bcarya
163

In my opinion, as they are steadfastly denying payment, you should first write them a letter stating that your salary for a specific period is pending and remains unpaid despite several reminders. Clearly mention that if your account is not settled within the given time frame, you will approach the Labour Authorities.

Send this letter via Registered AD and also CC the Labour Commissioner of your area. Ensure that your complete and correct address is provided on the letter. If they still do not respond, you may proceed to the Labour Office for the recovery of these dues.

Hope this guidance proves helpful to you.

From India, Delhi
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I have sent them two letters through registered AD. They replied that they are paying me professional fees and claimed they were free from the job once I refused to do it, which was incorrect. In short, they stated that I am not a laborer. They also advised me to go to court.
From India, Mumbai
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bcarya
163

So, its better to meet an advocate and send them a legal notice for clearing your due amount.
From India, Delhi
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what was the possibilities of getting my salary after going in court. I had only bank statement of one month salary which was paid by cheque by them
From India, Mumbai
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Dear Skavita,

Will you please share what you wrote to them in those two letters and what they replied to you?

I had written that they have to pay my salary for the months of November and December, 7 days, plus one additional month's salary. They told me to discontinue the job without giving any reason.

In response, they wrote that I am not a laborer; they are paying me professional fees. On 7th December, I refused the assignment, believing it freed me from my duties, which they claimed was wrong. They employed me as a professional, but I did not sign any contract.

Regards.

From India, Mumbai
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In my opinion, you should approach an advocate and send them a legal notice for settling your Full & Final A/C. The advocates know what things to be mentioned in it and which points are to be highlighted. Let their reply come and then decide accordingly.
From India, Delhi
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on basis of one month can i file case and get my salary. otherwise there is no use of going in court. My side is strong or other side is strong that i have to know.
From India, Mumbai
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on basis of one month salary can i file case against them and get my salary, otherwise there is no use of going in court. My side is strong or other side is strong that i have to know.
From India, Mumbai
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Sending a legal notice and filing the case are two different things. However, going to court means the matter may be settled in 6 months or not even in 6 years. It is better to discuss the matter with an advocate personally. Seek their suggestions, show them the documents you have, and also consider the pending amount. It will be much better before making any decision in this regard.

Regards

From India, Delhi
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