My employer in Shillong has not paid my salary for three months — what should I do?

Detailed Legal Analysis

If your employer in Shillong has not paid your salary for three months, you should take immediate action to recover your dues as per the legal provisions available under Indian labour laws.

Here are the steps you should follow:

• Review Employment Contract: Start by reviewing your employment contract to understand the terms regarding salary payment and any provisions related to disputes.
• Document Evidence: Collect evidence of the unpaid salaries, such as pay slips, bank statements, emails, or any communication with your employer regarding the payment.
• Communicate with Employer: Directly approach your employer or HR department to discuss the issue. Sometimes, a personal discussion can resolve misunderstandings. Send a formal email or letter requesting payment if verbal communication does not yield results.
• File a Complaint with Labour Commissioner: If the issue remains unresolved, you can file a complaint with the Labour Commissioner of your area. Under the Payment of Wages Act, 1936, the employer is obligated to pay wages within the stipulated time frame. The Labour Commissioner can mediate the dispute. You can refer to Section 15 of the Act, which allows employees to file a claim for unpaid wages.
• Seek Legal Advice: If the situation does not improve, consider seeking legal advice from a lawyer who specializes in labour law. They can guide you on your rights and the best course of action.
• File a Claim in Labour Court: As a last resort, you may file a claim in the appropriate Labour Court or Industrial Tribunal under the Industrial Disputes Act, 1947. This should be done within the period prescribed under the Act. Section 2(k) of the Industrial Disputes Act defines a dispute related to employment, and you may seek redress under Section 10.
• Maintain Records: Throughout this process, maintain detailed records of all communications and actions taken regarding your unpaid salary. This documentation may be vital if the matter escalates to legal proceedings.

Taking timely action is crucial in cases of unpaid salaries to ensure that your rights are protected and to avoid further financial distress.