Hey, experts of the Internet, I have a friend was working with a (not so small) company that I am not currently mentioning here so that they don’t have anything against me. My company always delayed giving us the salaries, claiming that the company was running under losses and there was no revenue. We even used to get our salaries 2 months late. But I was somehow managing. Now that I have left the company after serving my full notice period, how do I ask for my pending salary? What should be the legal procedure? Can they refuse to give my FNF because the company has no money? Please help.
After working hard for a mid-sized tech company in India for almost six months, I found myself in a tough spot when the company suddenly stopped paying salaries. Like many others, I got stuck and didn't know what to do. Filing a complaint against a company for not giving salary India felt difficult, but I quickly realised how important it was to do. After trying to solve the matter with the HR department, I went to the Labour Commissioner. Using the Ministry of Labour's online connect to file the complaint was easy, and my case was being examined in a matter of weeks. Even though this procedure was difficult, it showed me how important it is to defend my rights as an employee.
If it is a “not so small” company as you’ve mentioned, then wait for a few days or weeks and see if they offer your pending dues. Sometimes, there can be delays with the FNF settlement. Many companies even take 3-4 months to clear pending salaries of employees even after they’ve completed their full notice period as stated by the company policy. If it has been more than a year you can file a complaint against company for not giving salary India under Section 33(C) of the Industrial Disputes Act, 1947 at the Labour Court. Also, you can file a civil suit to recover your FNF against your employer under Order 37 of CPC.
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