Salary hold Salary hold

4 months ago

I am on leave aproved by my hod when I am on leave company hold my salary salary date is 1st of every month

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Withholding of the salary of an employee without any valid reason amounts to unfair labour practices on the part of the employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the concerned office of the Labour Commissioner to file a complaint against the Company over alleged arbitrary and unfair labour practice and simultaneously file an application u/s.33C(2) of Industrial Disputes Act, 1947 before the concerned Labour Court claiming your unpaid salary. Or else an employee who belongs to the manager/supervisory category has to pursue a civil suit before a Civil Court for recovery of his/her dues from the Company. Claim application before the Labour Court should be filed within one year from the date of dues become payable to an employee. In case you need any legal assistance in this regard, you may contact our legal team for the purpose.
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