Indian employer not paying salary

#1 Mar 19th, 2011, 12:01
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  • xiamen1005 is offline
#1
I have not received my salary from my Indian employer for the past 3 months and need to consider what options I have, if any, to get my employer to meet his obligations. A civil law suit is out of the question as he would simply terminate my contract and I would be forced to leave India. Furthermore, given the time it takes for a civil suit to work its way through the Indian court system and the cost of returning to India numerous times to give testimony, I feel this is not an option. I wonder, however, whether my employer is in breach of Indian immigration law as the employment contract was submitted to the Indian authorities as part of the work permit and residence application processes. Does anyone have any experience with this type of situation?
Unfortunately, I have had to make the decision to leave India as Indian immigration law does not allow, as does the US and the UK, change of employment for work permit holders within country.
#2 Mar 19th, 2011, 12:15
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  • Hal is offline
#2
Sounds like you need to move onto something else and chalk this one up to experience.
#3 Mar 21st, 2011, 14:47
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#3
Instinctively I'd advise you to find a lawyer, have him depose you, sue the employer then get out of the country. The lawyer can handle things from there.

However from an economical perspective and knowing the legal system here, Hal's advice is probably best so cut your losses and move on.
#4 Mar 25th, 2011, 12:19
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  • nycank is offline
#4
Quote:
Originally Posted by xiamen1005 View Post I have not received my salary from my Indian employer for the past 3 months and need to consider what options I have, if any, to get my employer to meet his obligations.
Is this a fly-by-night company ? Out 'em, Name 'em so others dont fall into the same trap.

Tweet/blog/BnM and shame them as you go !!!

Quote:
Originally Posted by Hal View Post Sounds like you need to move onto something else and chalk this one up to experience.
Concur.
#5 Mar 25th, 2011, 21:36
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#5
Yes ! Let us know the name of the company ; maybe someone in the company is stopping your payment. Why not talk to the CEO or chairman the highest authority ! Finally if nothing works out make a list of all the customers of the company and partners etc. and write a letter to each one, letting them know how you have been treated by the company and advising them not to deal with the company henceforth, because they are likely to meet a similar fate as this company is run by frauds who have no integrity what-so- ever! Before you post these letters inform the company and send them a copy of the letter and give them a day or two to respond! But before you do that change your residence or ensure that they can't cause you any physical harm!
#6 Mar 25th, 2011, 22:03
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#6
Hi
You can also inform The Labour Minister of India , Your Embassy, and let us see what happens.

Thanks
Alok
#7 Apr 17th, 2011, 21:43
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#7

Contact your local embassy

I would contact your contry's local embassy and ask for options. They will guide you properly.
#8 Apr 18th, 2011, 09:23
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  • dillichaat is offline
#8
The embassy will tell you to go to a lawyer and even give you a list of lawyers in Delhi. That's it. They will never get involved in this sort of thing except perhaps if you happen to be a big company that got ripped off by a local business partner for a sum of money that dramatically exceeds what's at stake here.

I've rarely seen a lawyer get anywhere here and the costs are likely to exceed the amount of pay due.
#9 Apr 18th, 2011, 10:06
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#9
The same thing happened to me ... fortunately I only lost one month's salary ... companies in india seem to do this a lot ... the company I worked for is in Chennai ... it is called Easysolutions ...
#10 May 29th, 2011, 23:40
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#10
the same thing happen to me also....its only one month but its a big money in my country, i still asking them for my march 2011 salary..the company name is Clubfreshrestaurant, Goa, is this a trend in India or what?
#11 May 30th, 2011, 09:14
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#11
I don't think it's a trend. The only difference with other countries is that here it's easier for the companies who do it to get away with it due to the state of legal system etc. If contacts are not enforceable it becomes easier to just ignore them.
"It is preferable to have a criminal for a servant rather than a fool because a criminal's actions are predictable and you can protect yourself against them, whereas there is no telling what a fool's next move will be.
#12 May 30th, 2011, 11:50
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  • suricate is offline
#12
Quote:
Originally Posted by dillichaat View Post I don't think it's a trend.
It does happen quite commonly, -- especially if the amount involved is not too high. Many Indian employers have a funny sense of ethics. It's often too much of a trouble to get one's due (even from the government).
#13 May 30th, 2011, 13:45
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#13
What were you doing working for the employer when they were not cutting your paychecks for 3 mos? And more than that, why are you worried that they will terminate your contract unless you want to work for them without pay for more than you have?

I don't know what the labor laws in India are but I'd talk to a lawyer who specializes in Indian labor law and take legal action to collect the money. You could potentially write to the Ministry of Labor in India but I am not sure how far that will go.

But in either case, if they are not paying you, give them an ultimatum and cut your losses by not doing free work for them anymore.
#14 May 30th, 2011, 14:20
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  • engharsh is offline
#14
IMHO, the most practical way would be to follow these steps:

1) Give a notice to your employer in writing that you have not received your salary for 3 moths and that your are facing financial hardships.

2) After this give them 1 week to respond.

3) Contact a lawyer and send your employer a legal notice (you don't need to go to the court) along with a copy of your contract mentioning the salary payment dates.

4) This should get your employer real worried and you should get your wages.

5) Write to labour commissioner about the same. E-mail IDS can be found from the link below:
http://labour.nic.in/main/mm/clcemail.htm

6) I'm sure you should get something out of this and you should move on to the next company.
#15 May 30th, 2011, 15:09
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  • dillichaat is offline
#15
Good advice in theory, engharsh (see my own post #3). But I hope the OP's long gone by now (and have serious doubts about resolving this in court if the employer wants to play hardball).

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