Legal Question in Employment Law in India

Non payment of salary

My son joined a private IT firm in Pune as Marketing Manager on the promise that they were about to tie-up with a US firm and undertake major expansion. However, this has not happened yet. The entire staff has not been paid for months. The company currently owes my son 3 months salary. There is no money for operational expenses so the marketing strategies cannot be implemented nor new business secured. What can he do to: (a) recover his dues promptly, and (b) make an honourable exit without jeopardising his professional future. Kindly advise asap.


Asked on 2/24/09, 11:43 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Non payment of salary

Your statement does not pose any legal question. I hope your son is adult and responsible enough to take his decisions?

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Answered on 2/24/09, 6:50 pm
Pranav Desai PD Legal & Associates

Re: Non payment of salary

I believe that your son should recover the money by filing a suit. Though, prior to such action he may consider sending a legal notice to the company. Further, if the firm in which your son is working a 'private limited' company in that case he along with other employees can also consider moving an application before the court for dissolution of the company and can also consider moving an application to the labour court.

However, we may be able to suggest a better course of action if more information is provided in respect of his employment agreement, scope of work, etc.

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Answered on 2/24/09, 1:19 pm


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