Salary not paid for 7 months. How do i recover it? I m in trouble.

In Labour & Service Law

I have been working in a Pvt. Ltd. company from last 7 years. I would like to intimate that from last 7 month (From August 2013) I am not getting my salary. My company has paid the salary of July 2013 in January 2014. I have written several mails to the HR and discussed this issue, they say that the company has no funds, but at the same time I came to know that in other locations the company has paid salary up to Oct 2013.

I am in deep trouble and have no money to survive, Need urgent support on this issue. I do not know how to move ahead.

My Humble request you to please provide proper solution.

Answers (1)

229 votes

You have not mentioned about your designation as the legal recourse available to you depends on your designation and job profile. 

If your job is not supervisory in nature, then you can file a written complaint before the Labour Department of your area seeking the salary dues. They will depute the labour inspector to your company and if no positive response comes from the company, the company's senior officials will be called to the labour department and there they will be prevailed to pay the salary there itseself. Do let us know if you would want us to assist you to draft your written complaint so as to ensure it covers all important aspects and has an effective language usage to provide you the desired relief.

Alternatively, you can file claim before the Authority under the Shops and Establishment Act for salaray arrears.  Generally, in most of the cases, the authority is a senior official (Deputy Labour Commissioner) of the area or else any local court is designated for this purpose.

Further alternative is that you can file a petition under the "payment of wages Act", before the appropriate Court. As your company is a Private Ltd. company, you have got further alternative of approaching the company court or the High Court, but that does not suit for your purpose. This forum would be used where a large number of employees are being deprived of their salaries and they decide to make a joint and collective effort. 

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