Non payment of salary
2 months ago
I have worked with Company and changed my job on 1st November 2023. I have my pending salary of around 2.15 lakhs with them and they are denying to pay unless they get an amount from the client.
I am attaching the contract and kindly let me know if I can file a case or can I get my pending money.
Thanks.
A.Dear Client,
If your employer is withholding your pending salary without a valid reason, you may consider taking legal action. Review the employment contract for any clauses related to salary payment, notice periods, or conditions for withholding payment. Section 73 and 74 of the Indian Contract Act, 1872, deal with compensation for loss or damage caused by a breach of contract. If the company is in violation of the terms outlined in the contract, you can send a legal notice demanding the pending salary and outlining your intent to pursue legal action if necessary. Consulting with a labor lawyer will provide you with specific guidance based on the details of your employment contract and the prevailing circumstances.
Thankyou
If your employer is withholding your pending salary without a valid reason, you may consider taking legal action. Review the employment contract for any clauses related to salary payment, notice periods, or conditions for withholding payment. Section 73 and 74 of the Indian Contract Act, 1872, deal with compensation for loss or damage caused by a breach of contract. If the company is in violation of the terms outlined in the contract, you can send a legal notice demanding the pending salary and outlining your intent to pursue legal action if necessary. Consulting with a labor lawyer will provide you with specific guidance based on the details of your employment contract and the prevailing circumstances.
Thankyou
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A.Dear Client,
The remuneration against any service does not stand on a condition or happening of a condition and cannot be a part of a valid contract of employment. Such a stand on the part of the Company amounts to unfair labour practice. In the prevailing situation, you can file an application under Sec.33C(2) of the Industrial Dispute Act, 1947 before the concerned Labour Court claiming entire dues receivable on resignation from the Company provided you are a workman as defined under Sec.2(s) of the I D Act. Otherwise, if you are holding the position of Manager or Supervisor in the Company, then you have to file a civil suit before the Civil Court for recovery of dues from the Company.
The remuneration against any service does not stand on a condition or happening of a condition and cannot be a part of a valid contract of employment. Such a stand on the part of the Company amounts to unfair labour practice. In the prevailing situation, you can file an application under Sec.33C(2) of the Industrial Dispute Act, 1947 before the concerned Labour Court claiming entire dues receivable on resignation from the Company provided you are a workman as defined under Sec.2(s) of the I D Act. Otherwise, if you are holding the position of Manager or Supervisor in the Company, then you have to file a civil suit before the Civil Court for recovery of dues from the Company.
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