4 Answers
Dear Client,
Hi Sourav, if your previous company has not paid your pending salary, the first step is to send a written legal notice demanding the exact amount due, the months pending, and a clear deadline for payment, because a written demand helps prove your claim later. If they still do not pay, you can usually approach the Labour Commissioner / Labour Court for recovery of unpaid wages, and if your salary is within the applicable wage limit and you have employment proof, you may also have a claim under the Payment of Wages Act. If the company is shutting down or insolvent, you may also submit a claim as an operational creditor in NCLT, and in stronger fraud cases a civil recovery or police complaint may be considered. Please keep the following documents ready: offer letter/appointment letter, salary slips, bank statement, attendance records, emails/WhatsApp chats, and full and final settlement papers if any
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Sir,
In your case, the most effective course is: issue a legal notice immediately, then file a complaint before the Labour Commissioner in Karnataka if payment is not made. If you want, I can draft a strong legal notice for recovery of your pending salary tailored to your situation.
Hello,
The answer to your query is
If the company is not paying you your salary, in that event, you need to first send a legal notice demanding your salary and thereafter proceed to file a case (if they do not pay your salary).
For further query redressal you can contact me through OLQ.
Dear Client, your situation is unfortunately common in the creative industry, but the law protects employees against exactly this kind of non-payment.
Your pending salary is a legally enforceable debt owed to you by your former employer. The first thing you shall do is to send a formal legal notice through an advocate to the company demanding payment of the exact outstanding salary amount, with the specific months for which payment has not been made and the bank account details for transfer. Give them 15 days time to pay. This notice alone often prompts companies to settle quickly to avoid legal proceedings.
If the company fails to make payment after you issue notice, there are three possible remedies you can pursue. First, you can lodge a complaint against the company to the state Labour Commissioner. The Labour Commissioner has the power to order the employer to pay wages owed along with interest under both the Payment of Wages Act, 1936 and the relevant Shops and Establishments Act in your state. The Labour Commissioner therefore has the power to order the payment of wages in a speedy an d effective manner. Secondly, you can file a complaint in the Labour Court under the Industrial Disputes Act, 1947 to recover any unpaid salary through a process of recovery. The Courts are usually willing to issue recovery orders in these matters. Finally, if you are seeking to recover an amount of money from the company that is material in size, you can consider commencing a civil lawsuit against the Company to recover the funds owed to you.
To be successful in supporting your claim, you will need to collect and keep records of some things like: all pay stubs you have, payments you received in the past, your appointment letter or agreement with Company; Any email communications relating to salary discussions; A record of bank statements showing the date of last payment. WhatsApp and email messages regarding payment can also be considered reliable electronic evidence as per Bharatiya Evidence Act, 2023.
I will advise you to act quickly because delays in these kinds of matters can sometimes complicate the process if the company shuts down or changes hands. The law is clearly on your side and recovery of legitimately earned salary is one of the most straightforward employment law claims available in India.
I hope this helps, and if you have any other queries, do not hesitate to contact us.