Is police complaint possible against a firm who is not paying salary?
29-Jun-2023 (In Labour & Service Law)
I am working with a consultancy since the last three months. But now my company is not giving my salary & incentives. All the time they are making excuses. I am really fed up of their false promises. Please help me with your valuable suggestions.
Can I file a police case against the company?
You can approach the concerned grievance redressal body (if any) in your company as well as your HR Department. Provide them with the documentary proof of your joining & attendance. Make a written representation to the Managing Director / CEO of your company stating your financial hardships.
Filing a police complaint is not required as it will frustrate your objective. If your company teams as mentioned in the paragraph above fail to act on your representation then you can avail further legal advice and action, which comprises of sending them a Legal notice followed by filing a civil recovery suit in case the notice does not get you the desired relief.
How can a lawyer help?
When dealing with an employment-related matter, it is always recommended to take help of a labour and service lawyer who is an expert in employment and service issues. He can guide you with the steps to be taken forward and can also assist you with your issue legally. Being an expert on the laws a lawyer can guide you as to what measures can be taken to legally tackle your issue.
What happens if the issue is not resolved?
Fraud by companies has become a common occurrence in India. Promise to pay salaries and then denying from same has given rise to several employment-related issues. In addition to this, laws related to the recovery of money in India are also time-bound and if timely action is not taken you might not have a remedy left in your case. Thus, it is advisable to consult a lawyer at the earliest and take steps necessary to tackle your legal issue.
How do I complain about non payment of salary?
What is the legal notice for non payment of salary?
How do I write a letter of complaint to the police?
How do I write a letter of complaint about salary?
- Gather Evidence: Collect all relevant documents and evidence related to your employment, such as appointment letters, salary slips, bank statements, and any communication with the employer regarding unpaid salaries. These documents will be crucial when filing a complaint.
- Attempt Communication: Before taking legal action, try to communicate with the employer or HR department to resolve the issue amicably. Send formal emails or letters requesting your unpaid salary.
- File a Complaint with Labor Authorities: In addition to filing a police complaint, you can also approach labor authorities, such as the Labor Commissioner's Office, and file a formal complaint against the company for non-payment of salaries. They may help mediate the issue or take legal action against the employer.
- Lodge a Police Complaint: If your attempts to resolve the matter with the company and labor authorities are unsuccessful, you can file a police complaint. Visit your local police station and provide them with all the evidence you have collected. Explain the situation of fraud etc. and file an FIR (First Information Report) against the company for non-payment of salaries.
- Legal Action: Depending on the outcome of the police complaint and the severity of the case, legal action may be initiated against the company. This could result in the company being ordered to pay the unpaid salaries, penalties, or even face criminal charges, depending on the circumstances.
- Consult an Attorney: It's advisable to consult with an employment attorney who specializes in labor and civil law. They can provide legal guidance, represent your interests, and ensure that your rights are protected throughout the process.
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