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Sachin (Sr. Developer)     03 June 2015

Company is not paying salary, what should i do


I worked with a software company from last one year. 2 months ago my annual salary increment will due over company. when i asked for the same, boss says that they will not pay. In that condition i asked him for my resignation. By the mutual consent of both parties, i have resigned to the company and completed all the company resignation formalities.

He told me that i will get my last month salary after completing all the formalities.

I am keep on sending mails/calling the HR team but no one is replying anything. Its more than 2 months now. 

Now I am not working with that company and done with all the exit formalities still my salary is not paid. Could you please advise what to do now to get my hard earned money?


 5 Replies

Saurabh Pathak (Advocate)     04 June 2015

Approach Labour Commissioner of your area. Better you contact a lawyer practising in Labour Laws.

slakshmanrao (accounts officer)     04 June 2015

Principle of Application : Even in the matters relating to Pension Payments,when the Notary Instrument is produced,the payment is made only from the day the Notary Instrument is executed and not from the day the pension is stopped for not producing the Life Certificate.Nearly sixty five thousand pensioners were suggested to sign the Acquittance copy in protest and endorse the second signature in the same bill.The idea is to have a supplementary claim preferred for releasal action.Only when details are made available,the second signature @ the earlier bill have the cancellation record. The same principle can be adopted by following legal route in respect of unpaid salaries/wages as the case may be. What is not known is about the application of Central Administrative Rules to the companies...Facts are well defined for presenting to the advocate concerned.

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     04 June 2015

Hi Sachin,

If you left the job lawfully & still they are not clearing your dues, then as one of our members said that, you need to approvach to regional Labour commissioner. but, as believe you are not worker catagory then, this dispute not legally goes to labour dept.

Secondly, you may just check with your regional Labour Welfare Fund Dept. whether your employer paid those dues to LWF Dept..? as per LWF, company should all pending dues to regional LWF Dept. which are laying with company for more than 3yrs & for state for 2yrs. its fund is normaly use for recreation & welfare activites for employees & their children, Howerever, who are not paid by any company such like, they dispaly the list of those employee (but in reality they dont display it) so, you need to check your name, if its there, they you may claim for the mentioned amount.


Tushar Swar


T. Kalaiselvan, Advocate (Advocate)     20 June 2015

In my opinion this may not lie with the Labor Commissioner, instead you may issue a legal demand notice demanding your arrears of salary with interest along with the compensations for the mental agony for repeatedly requesting them for settlement of your arrears amount well after leaving the establishment.  If this is also not invoking proper response you may approach court for relief. 

Kumar Doab (FIN)     20 June 2015



You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?


What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, exit policy,FnF policy etc  that are mentioned in writing to you say in the appointment letter?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16,  I.Card,  given to you?

Is it stated in appointment letter, , HR policy,Service Rules and Regulations, appraisal policy etc that your are entitled for annual increments?


Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?


What was your designation and nature of duties? Did you have any power (not jus recommendations) to sanction leave/increment/appoint/terminate? Can your sanction or recommendations, be cancelled by anyone above you?


Has acknowledgment of notice of resignation, supplied to you?


Do you have copy of the resignation?


Did you narrate the reason of resignation in resignation i.e. declinature to grant annual increment?



Do you have copy of the exit from submitted by you?

What is the notice period inserted in appointment letter?

What is the notice period tendered by you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?


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