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employer is not paying 2 months salary how to proceed legally in this
28-Aug-2023 (In Labour & Service Law)
Hi, i have a question and requesting for the suggestion, I have appointed in a company from feb 2017 and as per the offer letter the comany will pay the salary before 5th of every month, now from past two months company is under loss so employer is not ready to pay the salary for two months, they are telling like if you work for this month also then we get the money from client then we will pay one month salary, and in offer letter they have mentioned 15days of notice has to be given before leaving or firing an employee, if not that has to be compansiate, i have the offer letter and mail documents and few audio conversations which i have did with them where they are talking about the salary, how do i need to proceed further, please someone help me out.
Well, firstly you should send a legal notice to your employer through an advocate. There are chances that you might get your dues paid at this stage only. In case he doesn’t pay your dues within the time prescribed in the legal notice, then you should file a suit for recovery of dues against your employer. Your employer will be ordered by the Court to clear you dues but this might leads to such situation where he will serve you with notice of termination of your job and you might end up losing your job. But it is obvious that there is no point in working without getting paid for the same and this might continue if the company continues to sustain loss. So I will advise you to serve him with legal notice and civil suit.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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