Company not paying my dues. How do I recover my money after resigning?


The company I worked in for more than 1.5 years stopped paying my salary after December, 2013. I quit this job in February 2014. I was working as a Senior Soft Engineer. My salary of almost 1.5 lakhs is pending from their side including the paid leaves and so on.

 

Even after asking them for the pending salary no action was taken. What legal remedies can I take to get my stuck money?

 

Answer

 

If your job was of a supervisory nature as per your 'Senior' Designation, we suggest that you should send the Company a Legal Notice by way of Regd. AD and Speed Post for payment of your salary and other dues within a stipulated time period or else you shall initiate legal proceedings.

 

In case the payment is not released by the company within the time period, you can then file a civil suit against the company for recovery of salary and other dues as debt. The amount payable to you is in the form of debt on the company and you can hence initiate an action for recovery of this debt. The court fee is about 2-2.5% of the amount you are claiming.

 

On the other hand, 

 

If your nature of duties would come within the purview of "workman" irrespective of ostentatious designation adorned upon you, then you can file a case before the authority under the Delhi Shops & Establishment Act (if you are working in Delhi), who is the Deputy Labour Commissioner. 

 

Applicability of the Industrial Disputes Act: 

 

The Industrial Disputes Act extends to whole of India and applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed therein. Every person employed in an establishment for hire or reward including contract labour, apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work, is covered by the Act. This Act though does not apply to persons mainly in managerial or administrative capacity,persons engaged in a supervisory capacity and drawing > Rs.10,000 per month or executing managerial functions and persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison. 

 

Alternatively, you can file a claim petition before the authority under Payments of Wages Act. A labour court judge is generally designated for this purpose. Or alternatively, you can file an application under Section 33 C(2) of the Industrial Disputes Act.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Create an Employement Agreement

4.6 | 203 ratings
30 Min Intro call + Start to finish help - Employement agreement drafted by a local experienced advocate
15 Minutes Labour / Service Advice Session by Phone

4.8 | 476 ratings
Legal advice and answers from a local experienced advocate about your labour / service issue.
Document Review - Non Disclosure Agreement (NDA)

4.6 | 64 ratings
Review + 30 Min phone call - NDA review by a local experienced advocate
Document Review - Employment Agreement/Appointment Letter

4.8 | 191 ratings
Review + 30 Min phone call - Employement Agreement review by a local experienced advocate
Create an Employment Termination Letter

4.2 | 45 ratings
30 Min Intro call + Start to finish help - Termination Letter drafted by a local experienced advocate
Email to HR

4.4 | 46 ratings
15 Min Intro call + Start to finish help - Personalised email drafted by a local experienced advocate
Create a Non Disclosure Agreement (NDA)

4.6 | 73 ratings
30 Min Intro call + Start to finish help - NDA drafted by a local experienced advocate
Legal Notice for Recovery of Dues from Employer

4.8 | 421 ratings
30 Min Intro call + Start to finish help
Similar questions

My friend has done the work of glass filmung in a company and now they are not paying the amount due to non avialbilty of funds what should we do…

Read More

my brother in law expire on4aug. company dont pay his 60days salary. problem is company has not given offer letter,and salary slip. salary credit in b…

Read More

Sir, I have been terminated on baseless reason and there are other dues i.e., due salary, bonus, overtime, conveyance, compensation for illegal termin…

Read More

Hi, I left an employer on may 2017. However my 2 months salary and reimbursement amounting to 1.2 Lakhs are pending since. Employer was from Pune and …

Read More

Talk to a lawyer for your legal issue