What is my legal remedy if my employer does not pay my salary in India?

4889

In cases of unpaid salary, an employee can (i) approach the labour commissioner to reconcile the matter, or (ii) file a suit under Section 33(c) of Industrial Disputes Act, 1947 for recovery of money due from an employer, or (iii) file a case with the competent authority under Payment of Wages Act 1936.

For executives and managers earning above Rs. 18,000/-, a summary suit under order 37 of the Code of Civil Procedure can be pursued, preferably following a legal notice to the company to clear unpaid salaries. A company may also be booked for fraud under Sec 447 of Companies Act 2013 or under the Indian Penal Code.