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ARUN SISAUDIA   31 May 2020

Company is not giving Salary

Hi,
This is Arun Sisaudiya from Noida. I'm working as a civil engineer in a construction company. Company was not giving my salary on time before lockdown. They always have a excuse to not giving salary. Without salary I'm facing many problems like financial, mental stress etc.
What should I do?
Please help me.


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 May 2020

Give a complaint to the local labour commissioner in your state.

ARUN SISAUDIA   31 May 2020

after how many days labour commissioner will take action on complaint?

Ritesh Maity (Labour Law Advocate)     31 May 2020

Steps needs to be taken

1. Demand Salary in writing (email or speed/ registered post) from the company giving them at least 7 days time

2. If after receipt of your demand notice the company does not pay, you may send the company a legal notice through an advocate giving the company another opportunity.

3. If the step 1 and 2 does not work, you may approach the court. You can approach the labour commissioner/ labour court only if fall withint the definition of 'workman' under Industrial Disputes Act, otherwise you have to approach civil court. If your company is registered under Shops & Establishment Act, then you may also file a case under the same. 

 

It is practically impossible to tell how much time the labour commissioner will take. It depends on the nature of the particular labour commissioner/ existing workload etc. Generally speaking, after receipt of the compaint, the labour commissioner/ court would issue notice to the company within 30-45 days.   


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