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What can I do if my company is not paying my salary?

18-May-2023
Labour & Service

Answer By law4u team

If your company in India is not paying your salary, you can take the following steps to address the issue: Communicate with your employer: Initiate a conversation with your employer or the relevant department in your company to discuss the non-payment of your salary. Express your concerns and ask for an explanation regarding the delay or non-payment. Review your employment contract and company policies: Refer to your employment contract and company policies to understand the terms and conditions related to salary payment, including the payment schedule, due dates, and any penalties for delayed payments. This will help you determine if your employer is violating any contractual obligations. Send a written complaint: If verbal communication does not resolve the issue, submit a written complaint to your employer. Outline the details of the non-payment, including the amount due, the period for which the payment is pending, and any previous attempts to resolve the matter. Request prompt payment and set a deadline for their response. Contact labor authorities: If your employer does not respond or continues to delay payment, you can reach out to the labor authorities in your state or the labor department of the Indian government. They are responsible for addressing labor-related disputes and can guide you on the next steps. File a formal complaint: If necessary, you can file a formal complaint with the labor authorities. Provide them with all relevant documentation, such as employment contracts, pay slips, and communication records, to support your claim. The labor authorities will investigate the matter and take appropriate action against your employer if they find a violation of labor laws. Seek legal advice: Consult with a labor lawyer who specializes in employment law in India. They can provide you with specific legal advice based on your situation, assist you in filing a legal case against your employer if needed, and represent your interests throughout the legal process. It is important to note that labor laws and procedures can vary across different states in India, so it is advisable to consult with a legal professional who is knowledgeable about labor laws in your specific state to ensure accurate guidance based on the applicable regulations.

Answer By Ayantika Mondal

Dear Client, as per your query, if your Indian company is not paying your salary, first, you will need to send a formal written notice (via email) to the HR and management team, and keep a record of it as proof. If there is no response, send a formal legal notice through an attorney. Finally, you should file a complaint with the local Labour Commissioner or submit it online through the SAMADHAN Portal. In India, employers are legally obligated to pay wages before a certain day of the following month, depending on the number of employees. Legal proceedings can be initiated within 3 years from the time the salary is due, although it is better to act sooner. It is always best to file complaints with the Labour Commissioner within 1 year. For state-specific and contract-specific advice, you should consult a labor lawyer specializing in labor laws. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us. Thank You.

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