December 11th, 2017
Non-payment of salary by the employer is one of the most common problems faced by an employee during the course of his/her employment. This usually happens when the employee is about to resign or his contractual period is about to get over. An employer may also deny paying salary to an employee at the time of firing them. In such circumstances, the employee usually feels helpless and being unaware of the other types of remedy available, s/he often resort to the courts but the litigation cost could prove to be really expensive for him. Thus, this article provides the reader with a complete set of knowledge related to all the types of remedies available in such a case.
The employer and the employee enter in an employment contract where the employee is required to work or provide services to the employer and the employer is required to provide remuneration for the work or the services offered to him. Non- payment of remuneration by the employer for any work/service received is not just a breach of contract but also a violation of the statutory duty. Technically an occasional failure to pay the salary is a breach of contract but it does not entitle you to resign or claim for constructive dismissal.
Employers believe that an employee does not have enough resources to pursue a case against the employer. However, the law clearly protects the rights of an employee and there are various remedies available at the disposal of an employee that can land the employer in trouble.