Dear Seniors, I am working with an IT firm that started 2 years ago. It has been 5 months now, and the CEO has not been paying us our salary. Whenever we ask, they mention performance issues or give a reason that the client has not paid us.
I am planning to leave the company. Please let me know what legal actions can be taken against such a company so that I can get my salary back.
Please suggest.
Regards, Riya
From India, Mumbai
Acknowledge(0)
Amend(0)
5I am planning to leave the company. Please let me know what legal actions can be taken against such a company so that I can get my salary back.
Please suggest.
Regards, Riya
From India, Mumbai
Acknowledge(0)Amend(0)
Talk to the CEO about your financial crisis and if the CEO not heeding your request, approach the Lab. commissioner with written complaint. Pon
From India, Lucknow
Acknowledge(0)Amend(0)
From India, Lucknow
Acknowledge(0)Amend(0)
Thank you sir, But will it be OK if I complain after my resignation. What all the documents and proof I need to provide. I spoke with him many time, but of no use.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Consult an Advocate for Legal Advice
It is best to consult an advocate in this matter. Your appointment letter needs to be seen. Based on your appointment letter and the nature of work performed by you, it will have to be decided whether you fall into the category of a workman or not.
If your status is a workman as per the Industrial Disputes Act, then only you can approach the Deputy Commissioner of Labour. Otherwise, you will have to go to civil court in a recovery suit.
Please ensure that before leaving the company, you write a detailed letter to the employer demanding the said money and stating that you have not been paid the salary for the last 5 months. Mention that you reserve the legal right to initiate appropriate legal action to recover the money. If you do not demand in writing, no legal action in the future is available.
From India, Mumbai
Acknowledge(0)Amend(0)
It is best to consult an advocate in this matter. Your appointment letter needs to be seen. Based on your appointment letter and the nature of work performed by you, it will have to be decided whether you fall into the category of a workman or not.
If your status is a workman as per the Industrial Disputes Act, then only you can approach the Deputy Commissioner of Labour. Otherwise, you will have to go to civil court in a recovery suit.
Please ensure that before leaving the company, you write a detailed letter to the employer demanding the said money and stating that you have not been paid the salary for the last 5 months. Mention that you reserve the legal right to initiate appropriate legal action to recover the money. If you do not demand in writing, no legal action in the future is available.
From India, Mumbai
Acknowledge(0)Amend(0)
Copy of appt.letter/relieving letter or any other proof of having worked there along with mail correspondences if any. Pon
From India, Lucknow
Acknowledge(0)Amend(0)
From India, Lucknow
Acknowledge(0)Amend(0)
Thanks, Mr. Manish,
Proving Workman Status
What are the things or terms that prove you are a workman of the company, especially since they don't pay PF to any employee? We have a muster register where we sign every day, an appointment letter, and a salary account. Will this be enough to prove that I am an employee of this company? Furthermore, how will I prove that they are not paying me or other employees too?
Regards
From India, Mumbai
Acknowledge(0)Amend(0)
Proving Workman Status
What are the things or terms that prove you are a workman of the company, especially since they don't pay PF to any employee? We have a muster register where we sign every day, an appointment letter, and a salary account. Will this be enough to prove that I am an employee of this company? Furthermore, how will I prove that they are not paying me or other employees too?
Regards
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Status of legal compliance.doc
1 Amendment to The Payment of Wages Act to pay Salary by Cheque or NEFT.pdf
Amendment to Payment of Bonus Act 2015.jpg