Legal action against my employer for not paying salary

Question

Legal action against my employer for not paying salary

22-Feb-2023 (In Labour & Service Law)

I have been working with an MNC for two years, as a software engineer. For the past three months, I have not been receiving my monthly salary. I have tried contacting the HR department through emails but have not received any reply for the same. Is there any legal action that I can take against the company so as to get my salary?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2017-02-22T16:21:40+05:30

If your employer is not paying your salary even after repeated reminders, it is a clear indication that they do not intent to pay you. Thus, it is best to claim the same through the legal procedure. Before going in for the legal procedure, assure that you have the required documents in terms of offer letter, salary slip etc in order to prove your case. The legal procedure is as follows:

Serve a legal notice to your employer for release of your salary and all the arrears. It is advisable to consult a well experienced lawyer for the same.
If even after the receiving the legal notice, your employer does not release the salary and arrears, then you can file a petition for recovery before the labour court (if your post is below the level of supervisory or managerial) but if your post is supervisory or managerial or upwards, then you should file the petition before the competent civil court.

In most cases after issuance of a legal notice, the company comes down to a mutual settlement outside the court itself. If not, you can always proceed further with the legal procedures, with the advice of your lawyer, in order to claim your rightful salary.