Corporate Insolvency Resolution Process

Asked in Bankruptcy

  • ***********a

    Shimla

Expert's Answers(2)

  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    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 further legal remedies such as filling of money recover suit. Or case under section 477 of companies act or 420 of IPC

    June 12, 2023
  • Advocate Jitender Singh

    New Delhi, Delhi
      17 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