quesNon-payment of salaries by employer and derogatory remarks by them

Hi, My employer has not paid the salary for the past 8-9 months, reimbursements for past 15-16 months, was making derogatory remarks for which the complaint was made but nothing has been done by employer and in fact issued a separation letter and asked to leave the job without payment of dues. Now whenever we try to contact, no heed is being paid upon. Want to file a case regarding the same. Please advise, Thanks!

  • ansThere would two things in this situation you would be looking at. First is the recovery of money and second action against the employer for harassment. Depending on the post you are at, if you are covered under the definition of labour you could approach the Labour Court for recovery of your unpaid salary. Else you will have to file a suit for recovery in a Civil Court. Where harassment is concerned you could file a suit for claiming damages on account of the harassment faced. Also if the situation demands filing of a criminal complaint could be explored.

    Advocate Rohan Mittal

      Sector 17, Panchkula

  • ansDear Sir/Madam,
    Yes you can file a case against your employer. But first of all give a written complaint to Assistant Labour Commissioner at the local level regarding the whole matter. Thereafter move an application at CM window. Rest of the process will follow automatically step by step.

    Advocate Sumit Tuli

      District Court, Panipat, Panipat

  • Send a legal notice for recovery of dues from employer @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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