Corporate Insolvency Resolution Process

Asked in Employment or Labour

  • ***********a

    Shimla

Expert's Answers(5)

  • Advocate Guttula Ganga Venu Gopala Krishna

    Secunderabad, Telangana
      2 Client Ratings

    First file petition in NCLT claiming your salary and go for attachment if you take Consultation I can brief you details

    July 3, 2023
  • Advocate Shaikh Irfan Khamar

    Latur, Maharashtra
      2 Client Ratings

    Dear sir You can send legal notice through your lawyer and you can claim your salary amount Even after notice if no greed paid than you can file petition before labour commissioner court.

    June 12, 2023
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Dear client, I am sorry to hear about your trouble The Payment of Wages Act, 1936, ensures that employees get their salaries on time. However, if the employer denies or delays the payment of salary or wages to the employee or worker, then the employee or worker is entitled to interest on the amount to be paid for delay in providing the wages or salary. The employee then has the option of sending a legal notice to the employer for the payment of salary. A certain list of documents that is required while sending a legal notice to the employer if you are wondering what to do if company is not giving salary : Proof of unpaid salary through bank statements, etc. Appointment letter Details of your salary, benefits, pay, and perks Copy of Employment Contract Upon receiving the Legal Notice from his employee, the employer must pay the unpaid dues with interest to the employee. However, if the employer refuses or fails to do so, then you can go head and file a suit against your company under Section 447 of companies act or 420 of IPC.

    June 12, 2023
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      17 Client Ratings

    Yes, You are absolutely right.. Right now You can File complain against them in labour court.

    June 11, 2023
  • Advocate Jitender Singh

    New Delhi, Delhi
      16 Client Ratings

    First of all rather than going legal it's advisable to draft a legal notice and get it delivered to the director or the person responsible for your salary of the company. In case there is no positive response then you can always approach the labour court regarding your grievances. You can also file a suit under section 447 of the Companies Act which lays down punishment for fraud and recovery of the full amount of an amount that is three times more than the amount which was originally not paid by the employer. You can also file a criminal suit for cheating and breach of trust under Section 420 of the Indian Penal Code for non payment of your salary and other allowances. For more legal assistance I am just a call away.

    June 10, 2023