My company has not paid salary for 4 months and now not accepting my resignation even denying to pay my pending salary too

Detailed Legal Analysis

If your company in Delhi has not paid your salary for four months and is refusing to accept your resignation while denying your pending salary, you have several legal avenues to pursue your claims. Under Indian law, particularly the Industrial Disputes Act, 1947, and the Payment of Wages Act, 1936, you are entitled to seek redress for unpaid wages and wrongful practices by your employer.

• Document Your Employment and Salary Details: Ensure you have all relevant documents, including your employment contract, salary slips, bank statements showing non-payment, and any correspondence regarding your resignation.
• Write a Formal Complaint: Draft a formal complaint addressed to your employer, stating your grievances clearly:
  • Specify the months of unpaid salary.
  • Mention your resignation notice and its submission date.
  • Request the pending salary payment and acknowledgement of your resignation.
• Contact the Labour Department: If the issue is not resolved, approach the local Labour Commissioner’s office in Delhi. Under Section 15 of the Payment of Wages Act, you can file a complaint for non-payment of wages.
• Raise an Industrial Dispute: If your employer still does not comply, you can file an industrial dispute under the Industrial Disputes Act, 1947. This can be done by:
• Submitting a written complaint to the Labour Commissioner.
• Seeking conciliation, where a Labour Officer will try to mediate between you and your employer.
• File a Legal Suit: If conciliation fails, you may choose to file a complaint in the appropriate Labour Court or Tribunal as per Section 7 of the Industrial Disputes Act. You may also consider filing a civil suit for recovery of dues in a civil court.
• Seek Legal Assistance: Consulting a lawyer who specializes in employment law can provide you with tailored advice and help you navigate the legal process efficiently.

It is crucial to act promptly, as there are time limits for filing complaints under various laws. Taking these steps can help ensure that you receive your due salary and that your resignation is acknowledged legally.