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Employer Not Paying Pending Salary Despite Sending Legal Notice
19-Sep-2023 (In Labour & Service Law)
My employer did not pay my two month salary and asked me to resign. While resigning he promised that my 2 month salary will be paid along with 1 month notice period compensation during full and final settlement. Since, then I have been contacting them for my FNF but, they are not ready to process my FNF. They keep on delaying it. One day I called the director and he misbehaved with me and refused to pay my money. I already sent a legal notice to them, but no use, should I move to the labour court? If yes, then what should be the procedure?
You should move ahead with your complain before the labor commissioner. He is obliged to resolve your dispute within 45 days and in case you are not satisfied with the resolution given by the labor commissioner then you can approach the Labour court.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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An application to concerned Labour Commissioner with this regard should be made, if not resolved, thereafter the same to be sent to Labour Court as the employee is entitle under Section 33C of the Industrial Dispute Act. Further employee can also make application under Section 447 of the Companies Act 2013 which declares the employer a fraudulent employer and also cast penalty upon them..
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Adv. Anupam Kirti
Delhi | 100+ Answers
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yes, do move to labour court in your respective jurisdiction with all the evidence of your employment and your service, from when, till when. present a claim of your outstanding salary against your employer and within the limited time frame, it will be adjudicated.
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Adv. Nihit Dalmia
Delhi | 25+ Answers
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