What legal action can be taken if salary is unpaid and cheques bounce?
My boss is not paying my salary, it is supposed to be 1 month's salary, no money is being paid and he has also given you cheques which have bounced, please tell me what should I do?
You may bring a case against the employer for recovery of the salary and issue of the bounced cheques under the provisions of Section 138 of the Negotiable Instruments Act, 1881, dealing with the cheque bounce case. Service notice to the employer within the period of 30 days for recovery of money, whereupon the failure of recovering in 15 days from receipt of notice; then he can file the complaint under the Magistrate's Court. Filed simultaneously a complaint under the Payment of Wages Act, 1936, if applicable. Otherwise, to recover the unpaid salary, file a civil suit or approach the labor commissioner for recovery and damages.
If your salary is unpaid and you have received bounced cheques, take immediate legal action. When a cheque gets bounced, the payee issues a legal notice demanding that payment be made within 30 days of receiving a notice from the bank. If the issuer fails to pay within 15 days from the date of receiving the notice, the payee files a criminal complaint. If there is no response or payment after this period, you can file a complaint under Section 138 of the Negotiable Instruments Act. The best way is to hire a lawyer to guide you through the procedure and ensure that you abide by the legal requirements of the case.
Sir, firstly you must send a legal notice demanding payment of the outstanding salary and if the employer's cheque bounces you can file a complaint under Section 138 of the Negotiable Instruments Act, 1881 for criminal liability. Additionally, consider filing a civil suit or Labour Court complaint. For further legal assistance contact us on our helpline number.
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