What Are The Legal Steps To Take If You Are Trying To Claim Unpaid Wages In India?
- Mehtab Ali
- Dec 5, 2024
- 4 min read
Many Employees Have This Huge Problem Of Unpaid Salaries, And Unpaid Salary Means Those Wages Or Salaries Which Are Owed By The Employer To His Employee But Not Been Paid Yet. The Company May Face Some Financial Troubles, And Administrative Mistakes, Or There May Be An Intentional Intention Of The Employer.
In The Case Of Sending Legal Notice For Non-Payment Of Salary, The Aggrieved Employee Has The Right To Send Legal Notice To The Employer By Mentioning All The Facts And The Basis For An Action For The Serving Of Legal Notice. A Notice Gives An Idea About The Reason For Which The Aggrieved Party Must Send The Notice To The Defendant.
It Holds The Accusations Brought Against The Respondent And What Relief Has Been Claimed By The Applicant. It Allows Parties To Solve The Dispute Beforehand And It Saves Them From Money As Well As Time. Legal Notice Can Be Sent From One Person To Another As Per Section 80 Of the Code Of Civil Procedure Of 1908. It Is Delivered Only If The Issue Is Of A Civil Nature. For Drafting The Legal Notice, The Person Should Talk To A Lawyer.
Legal Provisions
Act Of Payment Of Wages, 1936, Is Relevant In The Timely Completion Of Payment Of Wages. The Act Is Applicable To Workers Whose Wages Do Not Exceed Rs 24,000 Per Month. The Act Requires That Wages Be Paid In Full And Final Settlement Within Two Working Days Of Removal, Dismissal, Retrenchment, Or Resignation. For Legal Remedies, The Employees Can Complain Through The Payment Of Wages Act, 1936 To The Labor Department With Proper Proof.
Industrial Disputes Act, 1947 Comprises The Major Provisions Relating To Wages-Providing A Machinery Of Fair Compensation And Settlement. Section Deals With Recovery Of Money Due From Employer. The Workman Can Apply To The Appropriate Government For The Recovery Of Due Money Within A Limitation Of One Year From When It Became Due. A Case Under The Industrial Disputes Act, 1947 Can Be Filed With The Labour Court Or Industrial Tribunal Over Non-Payment Of Salary Or Other Issues.
Insolvency And Bankruptcy Code, 2016, The Employees Can File A Petition In Case Of Unpaid Or Delayed Salary, And This Is A Way To Make A Legal Claim On The Payment. A Legal Professional Is Appointed After Filing The Petition, And Then A Committee Of Creditors Is Formed. If No Proper Conclusion Is Reached Regarding The Payment Of The Unpaid Salary, The Company Is Liquidated.
In Some Cases, The Employer Has Already Paid His Salary To His Employee In The Form Of A Cheque, Which May Bounce. If The Employer Refuses To Make A Renewed Payment Of The Same Amount, The Employee May Sue Him Under The Negotiable Instruments Act, Of 1881.
Legal Steps You Can Take In Case Of Unpaid Salary
Initiate A Dialogue With Your Employer Or The Relevant Department In Your Company Regarding The Non-Payment Of Your Salary. Communication May Request An Explanation For The Delay Or Non-Payment.
Refer To Your Employment Contract And Company Policies About The Terms And Conditions Concerning Salary Payment, Including Schedule, Due Dates, And Penalties For Delayed Payments. This Will Help You Identify Whether Your Employer Is In Breach Of Any Contractual Obligations.
If That Does Not Work, Submit A Written Complaint To Your Employer. Make Sure To Mention The Following Details: Amount Payable, Period For Which Payment Is Pending, And Previous Efforts To Solve The Problem. Ask Them To Make The Payment Immediately And Set A Date For Them To Respond To You.
If Your Employer Does Not Respond Or Delays Payment, You Can Contact The State Labor Authorities Or The Labor Department Of The Indian Government. This Is Because They Are Responsible For Solving Labor Disputes And Can Guide The Next Course Of Action For You.
You Can Make A Complaint To The Labor Authorities If Needed. Take All Documents Like Employment Contracts, Pay Slips, And Communication Records With You As Evidence For Your Complaint. The Labor Authorities Will Probe Into The Matter And Punish Your Employer If They Have Violated The Labor Laws.
Consult An Employment Law Expert In India. They Will Be Able To Give You Specific Legal Advice Based On Your Situation, Help You File A Legal Case Against Your Employer If Needed, And Represent Your Interests Throughout The Legal Process.
For Any Legal Help, Contact Lead India. We Provide Free Legal Consultations And Other Services. Our Platform Allows You To Talk To Professional Lawyers. You Can Freely Ask Any Legal Question. We Offer Free Legal Consultations Along With Other Legal Services. We At Lead India Ensure You That All Of Your Personal Details And Documents Must Be Kept Private. We Never Share These Details With Anyone. We Give You The Ability To Track Your Cases Through The Web Dashboard. You Can Easily Keep Track Of Your Case Status, Payment Status, And So On.
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