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Legal service India => Employment laws => Topic started by: GuptaJi on October 08, 2017, 11:02:14 PM

Title: Ex. Employer Doesn't Pay previous Salary
Post by: GuptaJi on October 08, 2017, 11:02:14 PM
Hello Everyone.

I worked at the Website Designing and Digital Marketing firm. I was the digital marketing manager. I want some advice from you.
So let me tell everything is detail.

I was employed on September 2016. In the starting my employer paid me at time. But than Demonetization came. and my employer said that this month salary will be delayed. and we all other employees agreed because of the circumstances. But that delayed never solved since then. our salary did not came on time after that. and by time I mean that my employer paid us after another month.

For that my 1 month salary was always pending.  Then in August I resigned from that company. they accepted my resignation. It was because all the previous employees left the company. (And they still not get paid). Now as my salary was pending I called them many times. Every time, he says that he did not receive payment from his client. as soon as the client will pay, he will pay me. And I was agree for that. But It been 2 months. and the Deepawali is coming. we all know at this time how much we require the money. So I called him last night. And he scolded me that he will not pay me. he clearly said that "I will not pay you. do whatever you want to do".
So since morning I was searching on google about what can i do for this matter. I found this forum.
Please help me as soon as possible.

the company was just the startup. they just pay the salary (PF or basic salary and all the other things were not mention in the salary slip). the other employees did not get the salary slips. But as I  previously worked in a big company so I somehow convinced them to give me salary silps of last three months of my employment. I have the joining letter and the relieving letter. and the bank statement that they did not pay me my salary.

what should I do? and what other documents I need? Can I file a case for this matter? Please help me. It is very crucial time for me. I need my payment.
 Any help would be appreciated. And sorry for my english.
Thank you
Title: Re: Ex. Employer Doesn't Pay previous Salary
Post by: Sanjeev Nanda on October 09, 2017, 04:56:55 AM
In India it is very common from the employers that they stops and never pays to those employees whom they have fired or an employee itself has resigned. To recover your wages first be firm that you really want to go for legal proceeding.
Hire a good lawyer of labour law and in first instance send a legal notice to your employer demanding him your salary. If this does not work, report to police a cheating case with evidence of fraud. Go to  labour court.

----------------------
Sanjeev Nanda
Law Aspirant
Title: Re: Ex. Employer Doesn't Pay previous Salary
Post by: donpotterla on January 24, 2018, 05:04:31 AM
Some companies may be in bad shape, because of which they may fail to pay salary to their employees. One must always attempt to arrive at a solution through arbitration and conciliation before persuading a trial if this clause is mentioned in contract of employment..
Title: Re: Ex. Employer Doesn't Pay previous Salary
Post by: advjaibansal on January 25, 2018, 05:38:31 PM
Dear Sir,

Please file a suit for recovery of salary against the employer.

Regards,
Title: Re: Ex. Employer Doesn't Pay previous Salary
Post by: kalaskarkk on February 02, 2018, 01:20:02 AM
Dear Sir,

You may get issue a legal notice to your ex-employer and then file a suit. Please send scanned copies of relevant documents for preparing legal notice.
Title: Re: Ex. Employer Doesn't Pay previous Salary
Post by: donpotterla on February 08, 2018, 12:41:04 AM
To recover your wages first be firm that you really want to go for legal proceeding...