Employer not paying salary for the work done is the most common complaint these days. There are many such incidents happening in India. Usually, this happens when the employee is planning to leave the job or at the time when the contract is going to end. Many employers do not pay the salary if they fire employees. Many employees in India have faced such problems and felt helpless without knowing what action can be taken. In this article, Indianmoney.com will tell how to file a complaint against employer for not paying salaries.
As per the employment contract, the employer must provide remuneration to the employee for the work done. The employer doesn’t have the right to refuse salaries without a genuine reason. Non-payment of the salary is not just a breach of contract; it is also a violation of the law.
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1. Contact the HR department
If the salary is not paid by your employer, you must first contact the HR department of your company to know why you have not received salaries. If there is no mistake on your part and the employer is simply refusing to pay the salary, you can take further steps.
2. Send legal notice to your employer
To resolve issues between you and employer, you must send a legal notice. A legal notice is a written document sent to a person or company, informing him/her of the grievances faced and why you are planning to take legal action. The notice sent must contain all the steps you are planning to take against the employer. After receiving the legal notice, there are chances of your employer resolving the issue by paying the salary. You can send a legal notice by taking the help of a good lawyer.
3. Go for Arbitration
If you don't receive any response from your employer to the legal notice, take further steps. Almost all employment contracts provided by employers have a clause that provides for taking the matter to arbitration, in case of a conflict. You can take the matter to arbitration, if your employment contract has that clause. This clause is very helpful as you don't need to go to the court if there is an issue. In the case of arbitration, an independent third party (arbitrator) makes a decision.
4. Approach the labour commissioner
If your employment contract does not have an Arbitration clause or your issue is not resolved through arbitration, you can approach the labour commission of your district. The labour commission will help resolve the issue between you and employer.
5. File your complaint in a labour court:
If your complaint is not resolved by the labour commission, you can take the next step and file complaint with the labour court in accordance with the provisions of Section 33(C) of the Industrial Dispute Act, 1947. As per the rule, you must file the complaint within a year from the date on which the salary was due. If the complaint is genuine and there is no mistake on your part, the employer will be directed to pay the salary. The labour court usually settles disputes within 3 months.
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1. Employment contract
To file a complaint against your employer, you must have a copy of the employment contract. Your employment contract will clearly specify how and when your employer has to pay the salary.
2. Evidence of not receiving the salary
While filing a complaint against your employer, you must show evidence that you have not received the salary. You can keep a copy of the bank account statement to show that the salary has not been credited.
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