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company did not cleared pending salary of three months


24-Oct-2023 (In NCLT Law)
Company did not cleared salary and neither provided relieving documents. Sent legal notice which they refused to accept. Made complaint to labour court but no action was taken. Have dropped mails and reminders but to no use.
Answers (3)

Answer #1
545 votes
An employee is a person who is hired by the employer to perform a particular job or specific labour of the employer. The employee is entitled to a specific wage or salary and performs the work under the control or regulation of the employer. Section 3 (36) of this Code mentions that the term workmen shall have the same meaning as provided under the Industrial Disputes Act, 1947 which under its Section 2(s) defines
Answer #2
915 votes
Sir
you can proceed with sending a demand notice to the company. salary dues must be above 1 lakh.
In my past experience I have seen companies settling their dues asap.
But for any further legal advice I need to go through your salary slips and contract you signed at time of joining.
kindly provide me the same I ll make sure that we come up with easiest and cheapest way to recover your salary.
Answer #3
991 votes
Hi,

You shall move before nclt by filing a Section 9 Petition under IBC. You will have to send a Section 8 Demand notice before Filing the petition.

Feel free to contact,
Regards.
Madhav Nanda
Advocate

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