Time period
raju
(Querist) 18 August 2025
This query is : Resolved
THAT AN EMPLOYEE HAD RESIGNED FROM THE JOB AFTER WORKING FOR ALMOST A YEAR. THEREAFTER THE EMPLOYER DID NOT PAY THE SALARY OF THE EMPLOYEE EVEN AFTER REPEATED REQUEST. MY QUERY IS THAT ALMOST A YEAR HAS PASSED DO EMPLOYEE CAN APPROACH THE LABOUR OR CIVIL COURT FOR RECOVERY OF HIS SALARY SINCE TIME PERIOD OF ONE YEAR HAS PASSED. PL ADVICE
K.S.Ramaswamy Advocate
(Expert) 18 August 2025
If the reasons for resignation is genuine and accepted by your employer as per company rules and regulations, first you send a request letter asking him to settle your salary. If no response contact an advocate and send a notice to him.
T. Kalaiselvan, Advocate
(Expert) 18 August 2025
You issue a legal demand notice demanding pending settlement of your dues stipulating a time limit, failing to comply you may file a money recovery suit.
raju
(Querist) 19 August 2025
The owner have registered its two firm under GST as proprietorship and another as partnership. The number of persons working are more than 20 employees and does not maintain PF, ESI nor it has registered under any shops and establishment under the rules Labour Department. That after submitting resignation the employee was not paid his salary and now almost a year has passed and my query is can case before Labour Commissioner or civil court be still filed since time period of one year has passed.
kavksatyanarayana
(Expert) 19 August 2025
After giving a legal notice to the company/firm, you may file a case before the Labour Commissioner.
raju
(Querist) 20 August 2025
Can case be filled directly before labour court
kavksatyanarayana
(Expert) 20 August 2025
So please wait till the orders passed by the court.