How To File A Complaint Against Non-Payment Of Salary?

Can a creative & content head file a case in labour court for non-payment of salary by his employer and under which clause? If not under labour then under which can the be filed and which court?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

The primary action to take for recovering your unpaid salary or any other dues from your employer is to send a legal notice to them, stating your grievance and asking them to take effective remedial action. The non-payment of salary recovery notice must be drafted by a good employment lawyer who can include all the relevant information and mention it specifically that you are planning to take legal action in case of no response from the employer.

You can proceed to file a complaint against your employer company for not giving salary in Labour Court with the help of an employment lawyer in India. 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. A summary suit is another effective way for individuals employed on managerial or above executive level to file against the employer for not paying salary. You can proceed to file a summary suit against the employer for not paying salary on time through a good employment attorney who will file the suit before the court which has appropriate jurisdiction to deal with your matter. 

READ: What To Do If Your Employer Is Not Paying Your Salary

Answered on 02 Feb 2019

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