Salary dues from employer and mental harassment


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?


Answers (5)

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.


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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.

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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.

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.

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.

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.


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