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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.


Quick Summary
If your employer is withholding your salary, you have several options. It's advisable to first formally request your payment in writing, giving them a deadline. If this doesn't resolve the issue, consider sending a legal notice via a solicitor. Should the company still fail to pay, you can approach the Labour Commissioner or Labour Court, provided you meet the definition of a 'workman'. The timeline for action by the Labour Commissioner can vary, but typically involves issuing a notice to the company within 30-45 days.

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state 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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