No salary given and kept on leave without pay since 8 months
3 years ago
i joined an organization on 31st march 2020 and worked till 19th april 2020 , since then my employer has kept me on leave without pay. the company sended me salary slip but is not giving me my cheque.
i am trying to reach the Hr but he's constantly avoicing my calls !
i work in noida but as I am leave without pay I am staying in varanasi ! i have no money to even travel to noida.
please help !
A.Dear Sir,
You have to get issue a legal notice and also approach Labor Commissioner.
Rate me Five Star*
You have to get issue a legal notice and also approach Labor Commissioner.
Rate me Five Star*
Helpful
Helpful
Share
Adv. Anushka Dikshit
Responded 3 years ago
A.Hello. If an employer doesn’t pay up your salary, you can approach the labour commissioner. An employee can also file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer. Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit. If an employee is affected by the company’s fraudulent activities, Section 447 of Companies Act, 2013 lays down punishment for fraud.
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.you worked for only 20 days ? that too you company asked you to join in lockdown and then done leave without pay.
you can write complaint letter to labour commission or send legal notice.
Hope this helps,
Advocate Ankur Goel
you can write complaint letter to labour commission or send legal notice.
Hope this helps,
Advocate Ankur Goel
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hello,
Employee can file an application for payment of salary to the appropriate government. On being satisfied that such money is due, the appropriate government issues a certificate for payment of dues. However, if there is a need to compute the amount of money then, it shall be decided by the Labor Court.
Although, the salary also depends upon the terms and conditions of your employment agreement as you were kept on leave.
Employee can file an application for payment of salary to the appropriate government. On being satisfied that such money is due, the appropriate government issues a certificate for payment of dues. However, if there is a need to compute the amount of money then, it shall be decided by the Labor Court.
Although, the salary also depends upon the terms and conditions of your employment agreement as you were kept on leave.
Helpful
Helpful
Share
A.Hi,
If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
Helpful
Helpful
Share
Read Related Answers
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Shift Allowance
Dear Client,
If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...
Notice period on probation period in company
Dear Client,
Yes, of course, the Company can take action against you for breach of the terms of the contract as per its HR policy. Once you accept the Company's offer letter, you should abide by its...
Can a company deny experience-relieving letter for violating NDA
Dear Client,
For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
