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Employer not paid salary and other dues


02-Feb-2023 (In Labour & Service Law)
I worked 7.5years in a company as VP-marketing. From last 3-4yrs company did not pay salaries on time. Many employees resigned and I too resigned. But he retained me and only important staff by blackmailing them emotionally, who were critical for running company. He kept promising to pay salaries on time but did not pay. In 2019 he forced me to form a partnership firm in my name so that he can take marketing funds from builders in this firm and funds will be used for salaries of staff only. He assured me that my employment will be continued with his company only and all salaries and benefits will be same as per my employment. He used my firm for his purpose. But still he was not paying salaries on time finally I resigned in Aug 2020 and given handover of all responsibilities. I have been following him for payment, he committed many time but did not pay. Now he is saying you were not my employee so why should I pay you salary. Can I file FIR or legal case against him and how plz guide
Answers (4)

Answer #1
876 votes
This is a clear case of fraud and cheating. Also non payment of salaries is a civil issue for which we can move to appropriate forum to seek the relief. Further for fraudulently running any firm on other person is also a criminal offence. For any better advice please consult in detail.

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Answer #2
608 votes
You can file a civil suit against the company for non payment of salary and before initiating the said legal action you should send a legal notice to the above mentioned company. If they fail to abide by the legal notice then you can initiate the legal action against them.

For any further legal assistance please feel free to contact.
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Answer #3
523 votes
Your issue seems to be serious and would require a lot of brain storming and research. We will advise you to seek a detailed consultation with all relevant documents and informations to enable us to advise you on the issue.
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Answer #4
173 votes
Yes, you can file a complaint if the company is not paying salary. But prior to this, sending a formal notice is advisable. Your case presents clear instances of fraudulence and non-payment of dues. Such acts are legally actionable.  Additionally, several aspects of the entire incident constitute criminal offences which mandates you to reach out to legal counsel who can provide Comprehensive guidance, considering all relevant documents. However, while filing an FIR is an option, You have several other options available to you. These other potential options are a legal notice, mediation via labour authorities, lodging a complaint under the Industrial Disputes Act, initiating a civil suit, or other options under the Insolvency and Bankruptcy Code, like an Insolvency Petition.
Fortunately, LawRato has covered every aspect of your issue with their comprehensible Law guides. Read on Labour & Service law guide in India | LawRato & Corporate law guide in India | LawRato or connect with me for further advice.   
 
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