Company not paying dues
2 years ago
My previous employer had financial issues and laid off a lot of employees, including myself. During the so-called notice period, the company fabricated documents and claimed I did fraud and terminated me instead. At the time of this incident, company owed me 3 months salary + 1 month notice pay. Due to fraud charges, they refused to pay 1 month notice but agree to pay the pending salary of 3 months. they cleared 2 months but now after 1.5 yrs they still 1 month's salary is pending. I was at a manager level so labour court is out of purview, what remedies do I have? They have now moved entire operations to the parent company and the company I worked for does not exist anymore.
You may resolve the issues in mediation with labor commissioner office under section 12 of ID act.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Companies before liquidating have to pay off their debts. Employees are the preferential debtors and you can file a suit before the NCLT u/S 9 IBC, 2016 for non-payment of salary. However, consider sending a legal notice to your employer first.
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You can start by sending your former employer a legal notice for the recovery of money. Another alternative would be to file a suit for recovery of debt against the company before the NCLT.
If you find my answer helpful then kindly rate me.
Ankita Jaiswal
Responded 2 years ago
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Seeking Legal Advice Regarding Employment Issue
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
