What to do if employer does not pay employee salary

 

If an employer fails to pay an employee's salary, the employee should take the following steps to resolve the issue:

Contact Employer: The first step should be to contact the employer and inquire about the delay in salary payment. It is possible that the delay is due to a mistake or an administrative error, and the employer may be able to rectify the situation.

Send a Legal Notice: If the employer does not respond or fails to pay the salary despite repeated requests, the employee can send a legal notice to the employer. The legal notice should state the amount of unpaid salary and the period for which it is due, and should demand immediate payment of the same. The employee may also seek legal advice on the matter.

File a Complaint with the Labor Department: If the employer still fails to pay the salary, the employee can file a complaint with the labor department of their state. The complaint should include details such as the employer's name, the employee's name and address, the amount of unpaid salary, and the period for which it is due. The labor department will then initiate an inquiry and take appropriate action to resolve the issue.

File a Civil Suit: If the employer still fails to pay the salary despite the above steps, the employee may file a civil suit in a court of law to recover the unpaid salary. The employee may also seek legal advice on the matter.

Contact a Labor Union: If the employee is a member of a labor union, they can contact their union representative for assistance in resolving the issue.

Seek Assistance from Labor Lawyers: If the employee has exhausted all other options, they can seek assistance from labor lawyers. Labor lawyers can advise the employee on their legal rights and represent them in legal proceedings against the employer.

File a Complaint with the Police: If the employer's actions are deemed to be fraudulent or criminal, the employee can file a complaint with the police. This can include filing a complaint under the Indian Penal Code for cheating or breach of trust.

Approach the Labor Commissioner: The employee can approach the labor commissioner of their state if the employer is not complying with the labor laws. The labor commissioner can take steps to resolve the issue, including imposing penalties on the employer for non-compliance.

Withhold Work: In extreme cases, an employee can refuse to work until their employer pays their salary. However, this should only be done after seeking legal advice as it can result in termination or other adverse consequences.

It is important for employees to be aware of their legal rights and to take steps to protect themselves in case their employer does not pay their salary. While it is always better to resolve the issue through negotiation, employees should not hesitate to seek legal assistance if needed.