Salary not paid

Question

► My employer deducted 10% amount from my salary for each month as retention amount. Later employer is denied to pay the amount as mentioning poor performance. The I have issued a legal notice but no response from company. Also PF account is not opened but PF amount is deducted. Last month of salary not yet received. Please help me to get justice.

Answer 1

Dear Sir,

Employer cannot unilaterally withhold retention or salary without explicit, lawful contractual clause.

PF cannot be deducted and retained; failure to deposit is offence under EPF & MP Act, 1952.

You are entitled to:

Full retention amount,

Last month salary,

PF contributions plus interest,

Possibly penalty for employer for violation.

Answer 2

Dear Sir, as per your query,

Collect all documents: appointment letter, salary slips, bank statements, proof of PF deduction, and copy of the legal notice.

File a written complaint to the Labour Commissioner immediately.

File a PF grievance with EPFO (can be done online).

If the amount is large and the employer is refusing, file a civil recovery suit for salary + retention + interest.

For further clarification and details, feel free to contact our OLQ Team for a detailed discussion.

Salary not paid

2 Answers