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SYED TAUFEEQ AHMED -   11 February 2021

Salary not paid by employer

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.

Thank you.


 8 Replies

Pradipta Nath (Advocate)     11 February 2021

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

Sadhna Rajput   12 February 2021

same problem happen with me and my husband. I make a labour court complain.
1 Like

Pawan S (06292021602) (Advocate)     12 February 2021

I don't suggest you to go with the litigation with the employer. As you may face un-wanted consequents in future due to this by your employer.

Filing this litigation is not a huge thing but keep in mind the consequences after filing.

Better talk to Finance & HR team and try to get the reason for the delay. And see whether other employees are also facing the same issue that you are facing.

 

Regards,

Pawan Saha 

SYED TAUFEEQ AHMED -   12 February 2021

Today my Director called me and he asked me to send a mail by stating kindly release my salary this time as I couldn't able to achieve the target next Month 100 per cent I will achieve my target.

Please suggest me, Do I need to send the mail. I'm feeling that he want me to accept that I have not achieve my target, so that this can me evidence against me in future.

please guide me.

Pradipta Nath (Advocate)     12 February 2021

Don't write this mail. Rather only request him to release your salary at the earliest.

Ravi Shankar (Hyderabad) (9885248496)     14 February 2021

Don't write this mail, ask for salary and keep the evidence for future.  refer to your terms and conditions of employment.

SYED TAUFEEQ AHMED -   17 February 2021

As on today I have not received my salary. HR called me and saying that please write a hand writing latter by stating that kindly allow me to continue my job next month I will perform better.

please advise me.

Ravi Shankar (Hyderabad) (9885248496)     17 February 2021

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.


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