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Subhojit Sarkar (Proprietor)     12 July 2014

Salary not paid by the company

A startup software company started busniess in April 2014. Having 7 employees. Not paying full salaries to employees even from the first month itself. Even not contributing PF and ESI. No benefits are given to any of the permanent employees. Now its not paying anything and asking to adjust for an uncertain period. Some of the employees has been asked to leave by issuing  an email to resign and are working on notice period of 20 days, now 20 days has been over, the director(Lady) of the company says wait for an uncertain period to get the dues. we are in a dilemma what to do to recover the dues. Even salary receipts are not being issued by the company.

Please help.


 1 Replies

Sajal (Asst. Labour Commissioner)     14 July 2014

Well Subhojit it appears that the establishment with 07 employees do not attract  PF & ESI rules. Is there any written terms of employment between the employer-employee? For recovery of salary you can file a case under Shops & Estb Act of the State. You can take help from Officials of Labour Dept. for recovery under Payment of Wages Act or where the amount of Salary is undisputed (computed) recovery can also be made by filing prayer before the Labour/ Industrial Court u/s 33 of the Industrial Disputes Act,1947.

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