Kapil Nanda
Asked June 20, 2016

unpaid salary

  • 2 Answers

I am working in **** Pvt Ltd company on third party payroll of ******. My DOJ was 16 December 2015. When i went to **** on first day they told me you don't have to come tomorrow and contact your third party contractor i.e. *******. Then ******* contact person told me that **** don't have project to assign me. After all this they told me you will get your salary. On 20 Jan 2016 they told me you have to go to **** office from tomorrow and you will get a project. From 16 December 2015 to 20 January 2016 i did not get salary. I have sent many mails but they are saying they are working on the issue. Now can you tell me that can i file complaint against them.

Answers 2

Dear Sir/Madam, if you have any confirmation appointment order or offer letter to join and work in CSC Pvt. Ltd, company on third party payroll of Experis IT, as well as after joining any work order or assignments if any, if yes, you have issued a legal notice to the said company for payment of salary within 15 days from the dat of receipt of the said legal notice, if not complied the same, you have to file the petition before labour commissioner or to file suit for recovery of money for your hard earned money salary. If you want more advice in this regard, I will do it. ... best of luck... kindly click LIKE Icon it will be token of appreciationl... by Chandrashekhar Vithal Jadhav, Advocate, Bangalore.

Agree Comment 0 Agrees over 5 years ago

Default avatar
Saurabh Kumar

If you haven't received your salary, check with the colleagues and then with the HR. Is it an error or recovery of an amount that you need to discuss? In case of a company-wide issue, Obtain information from your manager to figure out if the firm is facing cash challenges

You could write a mail/letter to the senior management of your organisation and wait for a few more days.

In case there seems to be no adequate or satisfactory response, you are advised to file a suit in the labour court. The Madras High Court has held that the claim for arrear of salary corresponds to the time period when you continue to remain on the pay roll of the company or institution.[1]

If you have any documentary proof that substantiates your claim of being on their payroll since 20-12-2015, in this case the letter of joining and any other mails and letters, you could approach the labour court for relief. But, this is time consuming as labour courts are not known for expediently dealing with matters. However, in case of frequent delays, you are advised to visit them for referral.

You could file a case in a labour court or before the labour commissioner and refer to this website for information on how to do so: http://labour.and.nic.in/comp_claim.htm .



SOURCE- https://inhttp://articles.economictimes.indiatimes.com/2014-08-04/news/52428311_1_employer-salary-labour-commissionerdiankanoon.org/doc/1720319/



[1] Kamuthi Kshatriya Nadar vs P.Gomathi, APPEAL SUIT NO.72 OF 1992

Agree Comment 1 Agree over 5 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.