Legal Question in Employment Law in India

whether i can legally ask my unpaid salary

my question is that Am i legally have the right to claim my salary from my previous employer ?

High lighting the issuse:-

I joined IndiaMart Intermesh Limited on 25th april 2008 as an marketing executive and my salary was Rs 15000 pm, i was doing well , achieving my targets and have withdrawn incentive also, in the month of july , due to some internal organizational politics i decided to leave the job and sended a mail to my branch manager , mentioning that i will not come from tommorow, the date i left was 22nd july 2008,,, in indiamart month starts from 7th of every month,, that means from 8-06-2008 to 22nd 07-2008 i worked for indiamart and have not recieved my salary,,,, i asked to my sales manager regarding my salary, but he told even if you leave the job before one day of the month end then also you are not eligible to get your salary...

I am in a lot of trouble, if in two -three months i will not help my parents then they will suffer a lot,,,,i need a job and for that two wheeler is necessay, because of financial conditions i am not able to help my parents,,,,, if any one will help me by giving answer to my above question, then with the help of my that unpaid s


Asked on 3/25/09, 8:26 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: whether i can legally ask my unpaid salary

The legal help takes very long to fructify. Even if you finally win, it may be too late for you. Therefore, better you leave this matter here and focus on another job or source of income/money.

For claiming these arrears, you may need to send a written notice to the employer; and they fail to make the payment, you may file a claim petition before the authorities under the Payment of Wages Act - who is normally an officer of the Labour Department of your State. The officer may send your claim petition to the employer for their reply and may pass an order; it may take long; because the employer may file an appeal and delay payment.

Advice : keep recovery as the last option and focus on solving your immediate problem.

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Answered on 3/25/09, 12:40 pm


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