Civil Procedure Code (CPC)

Company has not paid salary to the employee


I worked till July 2020 and was laid off due to covid. Company was paying only 65% salary from April to July 2020 and the company HR had stated the deferred amount of 35% will be paid during my settlement. Now the company has not paid the salary for July month and the company has denied to pay the deferred amount. It is 2 months now and I have yet not received my salary. Is there any interest i can claim on 2months late payment of salary? Is there any legal action I can take for the deferred amount of salary which the company denied? Thanks.
 
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Firstly, contact your HR Department and check what is the actual problem, if there is no such problem or interference from HR Department. An Employer doesn’t have any right to refuse salary without any genuine reasons, also ask them the reason behind stopping your payment/salary. Non Payment of salary is not only breach of contract but also violation of law.

FILE COMPLAINT AGAINST EMPLOYER FOR NON PAYMENT OF SALARY.

  1. Contact your HR Department
  2. Send a legal notice to Employer/Comapny
  3. If your company has an arbitrator try and resolve the issue sitting with the arbitrator.
  4. Approach a Labour Commissioner
  5. File a suit against the employer/company in the Labour Court.

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From 1 month I am mailing to HR and my Dept head. They are saying they will pay but they are not paying. And already 2 months has passed. Is there any forum where I can lodge an online complaint? Can I ask for interest on delayed salary? Thanks.

 
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I think you should register a complaint with Labour Commissioner.
 
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Issue legal notice to company and demand your due salary and other outstanding amount if any.In case non compliance with notice then file your claim before Labour Court u/s 33 c ( 2 ) of Industrial Dispute Act.

 
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Issue legal notice to company to pay your outstanding dues 

 

if company fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest 

 
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