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Salary dues from employer and mental harassment
31-Jan-2023 (In Labour & Service Law)
I was working with proprietorship based IT company (Noida based) from past 7 years. I left the organization on August 31st due to non-payment of salaries form a long time; 4-month salary is due in total from June to September. After following up for 4 months, it seems that they don’t want to pay the same. I went through lot more that I cannot explain here. I have all the documents with me like Resignation Acceptance Email, Salary Slips, Employment Letter Bank Statements and Relieving Letter. What actions can I take to recover the salary?
Sir
You can file a petition for intimation of corporate insolvency resolution process against your employer company under section 9 of the Insolvency And Bankruptcy Code 2016. Sinceyou have provided services and worked with your employer, you are its operational creditor. For doing so, a notice under a requiside format has to be sent to your epmoyer. It also matters as to what is the total quantum of arrears of your salary.
You can file a petition for intimation of corporate insolvency resolution process against your employer company under section 9 of the Insolvency And Bankruptcy Code 2016. Sinceyou have provided services and worked with your employer, you are its operational creditor. For doing so, a notice under a requiside format has to be sent to your epmoyer. It also matters as to what is the total quantum of arrears of your salary.
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How do I write a legal notice to my employer for non payment of salary?
Dear [Employer Name], I am sending you this legal notice to let you know that despite repeated requests and reminders, you have not paid my salary for [Month]. According to the terms of my contract of employment, I have the right to receive my monthly salary on the last day of the month.
How do I send a legal notice to my employer?
Date.
Name of the person who sent the notice.
Description of the violation
Redress Request.
Where to send the notification
Signature of the person sending the notice
Date.
The recipient of the notification should acknowledge receipt.
Send a legal notice to this co. calling upon them to immediately release all your dues, including your salary that is in arrears.
If this legal notice is not complied with, you will have to approach the Court and file a case.
If this legal notice is not complied with, you will have to approach the Court and file a case.
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you should serve a legal notice upon the employer to clear your dues within 30 days from receipt of your notice and if they do not pay even after receipt of the notice then file a Suit for Recovery of Arrears of Salary in the Civil Court of the area where the company is situated.
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Adv. Vijyant Nigam
Lucknow | 100+ Answers
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Since you have all the documents from the company, recovery of salary from the company will be easy for you. Please follow the following steps : -
First step - send a legal notice demanding payment of full salary of 4 months within 15 days or 1 month.
Second step - file a case for recovery on the company.
Feel free to contact for more information.
First step - send a legal notice demanding payment of full salary of 4 months within 15 days or 1 month.
Second step - file a case for recovery on the company.
Feel free to contact for more information.
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Adv. Raj Deepak Chaudhary
Lucknow | 25+ Answers
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Dear Client,
As per your aforementioned facts; you have to need an advocate for filling a case under Payment of Wages, 1936 at Labour Court under Deputy Labour Commissioner or Prescribed Authority;
Section 17 : Appeal
For More details you can contact me.
As per your aforementioned facts; you have to need an advocate for filling a case under Payment of Wages, 1936 at Labour Court under Deputy Labour Commissioner or Prescribed Authority;
Section 17 : Appeal
For More details you can contact me.
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Adv. Mohit Dhingra
Lucknow | 25+ Answers
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