Can an employer refuse to pay salary F&F settlement

How much time it will take to dispose off the case mainly depends on the advocate who you hire.  If they have given same in writing that there is lack of funds, you may use it.  Oral replies are of no use, they have not paid and next door to knock on is the Labour Court.  Seasoned Advocate who deals with labour issues will be of help locally, contact soon, no make further delay.  Company has to pay salary with interest now.

At the drop of the hat, do not use the word COURT.

Your opponent would immediately realize that you are angry.

In legal battle, if you get angry, you have already LOST 50% of the battle.

Learn to fight battles like a Tiger and not like a Mouse.

1) So, first send him a letter. Let it be a simple letter and send it by speed post acknowledgement due.

Remember that this is your first communication to him and hence in very sweet and soft tone, send a detailed letter. The first letter should always cover every point.

2) Wait for 15 days. You should get your dues by now. If not, on the sixteenth day, send the same contents but with the title SHOW-CAUSE NOTICE and proceed to add a last line ' Within One week of receipt of this show-cause notice, you are hereby required to pay '....' as full and final settlement along with provisioning to me of the service certificate/ experience certificate.

By violating the law of the land in these matters, you are also snatching my constitutional right to lead a life of dignity.

Within One week of receipt of this show-cause notice, you are hereby required to pay '....' as full and final settlement along with provisioning to me of the service certificate/ experience certificate. 

Else, I shall be forced to initiate legal action against you.

IGNORING THIS NOTICE IS AT YOUR PERIL

...................... So, send this by speed post, acknowledgement due.....................................

.......... The HR will contact you and try to speak in a rude and intimidating tone. RECORD the call.

Any call from anyone, pertaining to your employment, RECORD it........................................

They will settle your dues. But do not go on announcing to everyone how you won this battle, how you taught him a lesson,...etc

It might mis-fire and back-fire. He can file a defamation suit against you.

KEEP QUIET AND REALIZE THAT HERE EACH ONE HAS TO FIGHT HIS/HER OWN BATTLE.

So, you take care of your issue and silently move on in life.

.......................................................................................................................................

If this does not work, now write a letter to the Additional Labour Commissioner and attach all evidence including notice sent by you and wait.

This should work.

If this too does not work, then send a notice through an advocate.

It should work.

Now if this too does not work, ask your advocate to send a SECOND NOTICE and warning of legal action.

If this too does not work, file a suit against that employer.

Check if it is the labour court or civil court. Check with your advocate.

It depends on your salary.

Remain confident of success.

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1. Can employer delay payment because of non availability of funds?

NO. LEGALLY THE ANSWER IS NO UNLESS THERE IS AN AGREEMENT BETWEEN YOU TO THAT EFFECT.

2. If I go to labour court, will the justification of financial crisis accepted by the Judge?

YES. ON HUMANITARIAN BASIS AND INTENT TO PAY, BY YOUR EMPLOYER.

BUT ONLY PARTIALLY AND FOR ONE OR TWO ADJOURNMENTS. NOT FOREVER.

3. Under normal circumstances, how much time does it take to close the case?

IN INDIA, COURTS ARE NOT ONLY CENTRES OF JUSTICE, THEY ARE ALSO CENTRES OF DELAY.

6 MONTHS TO 2 YEARS OR EVEN FIVE YEARS. YOU NEVER KNOW SINCE APPEALS ARE ANOTHER FACT OF LITIGATION THAT HAS A SAY ON THE TIME FACTOR. YOU MAY APPEAL OR HE MAY APPEAL etc

Unpaid wages are debt on employer.

Isn’t it similar matter:

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-145915.asp

https://www.lawyersclubindia.com/forum/Interest-on-delayed-payment-of-wages-145989.asp

Thanksfor replying to my question. However it is absolutely unfair to post such comment without knowing the person. I did not take any actions against the employer after  posted two questions as I tried to solve the matter by doing follow up with HR. I do not intend to take HUGE amount form the organisation which you are doubting. I only want my basic right which is my salary. YES I MAY CLAIM INTEREST ON THE DELAYED PAYMENT AS IT IS HIGH TIME and I am facing Financial problem. From last two forums , All I know is I can go in labour court and claim interest. BUT HERE MY QUESTION IS IF I GO TO LABOUR COURT, CAN EMPLOYER STOP MY F&F AND DUE PAYMENTS AND CAN THEY DELAY PAYMENT? I HAVE HEARD THAT THE NEXT PAYMENT WILL BE RELEASED IN NEXT 15 DAYS BUT KNOWING THE EMPLOYER, THEY WILL RELEASE NEXT PAYMENT AFTER A MONTH ONLY. NOW IF IN CASE THEY RELEASE PAYMENT OF OTHER EMPLOYEES IN NEXT 15 DAYS, CAN THEY STOP MY PAYMENT BECAUSE OF NOTICE RECEIPT FROM ME?

See, it is important that you do not drink milk beneath the palm tree. People will doubt that you are drinking toddy.

Similarly, you should post one topic once and subsequently, always add a one-liner that you have earlier sought a different query and this is a fresh query.

We are not paid members here.

Out of humanitarian concern, many of us give our precious time, money ( internet charges ) and energy to guide victims here.

In the recent past, many mischievous fellows have made it a habit to post faked-up and cooked-up questions and stories that we would end up answering assuming them to be genuine.

That is why we got alert immediately when we saw the third post on the same topic, by you.

Anyway, coming to this post of yours, see, understand one thing. Your employer can do anything under the sun, but legally he will collapse one day.

Payment can be delayed. He will not be jailed immediately. His head will not be chopped off. So, he might do anything.

Gather all evidence and fight it in the court.

Do not waste your energy in getting tensed. Get Ready. Do not get tensed. Get Ready.

You are already in the battle-field. Now you cannot think of the bread and fruit jam that you left on the kitchen slab.

You have to shoot or get shot. Battle is as simple a formula as that.

Fight in the court. 

If you are genuine and have merits in your case, your employer cannot do anything to you. He might issue some sound. But he cannot do anything.

So  be positive.

Remaining answers already provided by many of us, in earlier posts to your queries.

You can approach: 

Inspector appointed under; Payment of Wages Act. If your wages (as per break up) are within ceiling as in the Act. This Act does not discriminate between ‘Workman’ (as in ID Act) and ‘Non Workman}.

Inspector appointed under; Shops& Estbs Act (If you are covered by the def. of ‘Employee’ as in the Act. Do not confuse it with ‘Workman’ (as in ID Act).

O/o Labor Commissioner: If you are covered by the def. of ‘Workman’ (as in ID Act)

Higher Officials of Dept. of labor

(If you are covered lodge al complaints, under proper acknowledgment. Let O/o Labor Commissioner combine all)

Civil Courts

You can seek support from:

Employee’s/trade unions leaders; They know precise ways to drill sense into the heads.

Counsels specializing in Labor/service matters.

Your counsel may opine to lodge complaint u/s 406,420

File for Winding up petition

And suggest some other recourse also.

Chose whatever is suitable to you.