If an employer doesn't pay up your salary, you can approach the labour commissioner. When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
We can help you with following:
- Approach the Labour Commissioner
- Application in the NCLT
- Approach the Labour Court
- Approach the Civil Court
A complaint before the labour court can be filed as per Section 33(C) of the Industrial Disputes Act, 1947 within 1 year from the date on which the salary was due to be paid. You can also file a civil suit for recovery of your debts under Order 37 of CPC against your employer as a summary suit.
What penalties can be imposed on employers for contraventions of any provisions of the Wages Act?
Violation of the provisions of the Payment of Wages Act entails a fine of Rs. 1000/- to 5000/- on the employer. On a subsequent conviction, the fine increases to Rs.5000/- to 10000/-. The fine amount is the same, for offences such as deliberate failure to provide information, refusal to maintain registers and for willfully giving false answers. Failing or neglecting to pay wages to any employee punishment of imprisonment not less than one month which may extend up to six months and fine not less than Rs. 2000/- extendable up to Rs. 15000/- may be done. Additional fine up to Rs. 100/- for each day.
Violation of the Minimum Wage Act in regards to minimum wages, working hours and others comes under the Central Act as offences, and there is a penalty of five years imprisonment and fine of Rs. 10000/-, according to Section 22 of the Act.