I'm working for Subsidiary company for more than 3 and half years last month Management asked me to promote the parent company products. im doing the same since one month I could able to generate small amount of business in a month. Company didn't pay me the salary. I used to get my salary every month of 4th but today it is 11th of Feb., January salary is pending.
I sent two mails for reminder to credit salary management saying that we are calculating your review base on that we will pay.
I'm confirmed employees. My salary was fixed it was not base on my performance.
Employer having what kind of rights for holding salary?
Till Upto they can hold my salary?
If they don't pay me which court I have to go?
Please guide me according to your knowledge and experience.
Employer have no right to hold salary of his employee. And they are bound to disburse salary as they stated in the appointment letter! You may take the recourse either in the Labour Commissioner or before the civil court. You can move a complaint petition before the labour inspector under Payment of Wages Act or else if the amount is hefty you can move a money suit before the civil court. But before that please send them a legal notice
if you are ok for litigation, better to proceed with legal notice. before that, it is advised to let them know to settle the matter amicably. don't tell directly that you are going with legal action but give them a hint.