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Unpaid Salary Disputes

Overview

If your employer has not paid salary for the work performed by you, you can file a suit for non-payment of salary and breach of employment agreement. MyAdvo will help you recover your outstanding amount through an expert  employment lawyer and will manage the case lifecycle.

Before filing a case, sending a legal notice to the employer for payment of pending salary acts as a final warning. In case the dispute is still not resolved, you should then file a case. To send a legal notice, please click here.

Steps involved in an employment case

Consultation
Once you book the service, our representative will connect with you within 24 working hours to understand your case and requirements.
Document Verification
You will be required to send scanned copies of documents pertaining to the employment and termination for verification by a lawyer.
Petition Drafting
The lawyer will draft and share petition with you for review and approval.
Sending Petition Copy
Once you approve the draft, you will have to print the petition on legal size paper and send signed copy to us along with required documents.
Petition Filing
The lawyer will file the petition in Court within 3 working days of approval of the draft.
Admission Hearing
The lawyer will make preliminary arguments on your behalf and get the petition admitted.
Reply
The employer will file a reply to your petition.
Hearing
The Court will conduct hearing and listen to arguments in the matter to verify if the employer should be granted an opportunity to defend his case.
Defense opportunity and decision

Defense Opportunity Allowed

  • Arguments and examination of evidence: In special circumstances, the Court may allow the debtor to defend the suit. In this case, the Court will hear arguments from the lawyers of both parties and examine the evidence presented before it.
  • Decision by court: The Court will state its decision by delivering a judgment.

Defense Opportunity Denied

  • Decision by court: In case the Court refuses to grant the debtor an opportunity to defend the suit, it will straightaway deliver its judgment in the matter.

Required Documents

  • Employment agreement
  • Job offer letter
  • If you have sent legal notice, copy of legal notice
  • If you have sent legal notice and have received reply to it, copy of received legal notice
  • Termination/resignation letter
  • Past payslips
  • Any written/ recorded communication with the employer regarding the matter

Why MyAdvo?

Pool of expert employment lawyers who have experience in dealing with cases of unpaid salary/ wages

Step-by-step update through the case lifecycle

A-Z guarantee which covers cost of changing the lawyer in the rare case of any concern

Dedicated portal to manage your case documents and communicating directly with the lawyer

Payment is fixed in the beginning and you are not hassled later

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Frequently Asked Questions