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I was worked 2 months for software organisation they are given released on June 2024 but they are not given my salary still now.

21-Oct-2024
Breach of Contract

Answer By Rathin Doshi

If you have not getting you salary from the company then complain to Labour Commissioner as per you appropriate jurisdiction. they help you as well as you have filled recovery suit to your local Civil court.

Answer By Anik

Dear client, If the organization has not paid your salary for the two months you worked, you can take several legal steps under Indian law to recover your dues 1. Send a Legal Notice* The first step is to send a formal legal notice to the employer. A legal notice demands the unpaid salary with interest and gives the company a chance to settle the matter amicably. 2. Approach the Labour Commissioner If you were working at a non-managerial position or earning less than ₹24,000 per month, you can approach the Labour Commissioner. - File a complaint with the labour department under the Payment of Wages Act, 1936, which ensures timely payment of wages. - The Labour Officer will issue a notice to the employer and attempt to mediate the dispute. 3. File a Case under the Payment of Wages Act, 1936 - If the amount owed falls within the limits set under this Act (monthly salary below ₹24,000), you can approach the Authority under the Payment of Wages Act. - If the employer fails to pay without valid reasons, they may be directed to pay wages with a penalty. 4.*File a Complaint in Civil Court (Suit for Recovery) If the Payment of Wages Act does not apply to you (e.g., if you were a manager or earning above ₹24,000 per month), you can file a suit for recovery of dues in a civil court. - Jurisdiction: File a suit in the jurisdiction where the company operates or where you worked. - Relief Sought: You can seek unpaid salary, interest, and damages for mental agony caused by non-payment. Conclusion Start by sending a legal notice to the employer demanding payment. If they still do not respond, escalate the matter to the Labour Commissioner or file a civil suit depending on your position and salary. If the company is in financial trouble, exploring NCLT proceedings may also be an option. Consulting with a lawyer can help you navigate the process effectively and ensure you recover your dues with interest and compensation. If you require any clarification, do not hesitate to contact us. Thank you.

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