- This topic has 11 replies, 6 voices, and was last updated 1 year, 2 months ago by
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RHi everyone,
I’m currently working at a startup in Kerala and haven’t been paid my salary for over 3 months. Whenever I raise the issue, I get vague excuses — meanwhile, the founder is spending freely on personal luxuries. I’ve had enough and I’m considering filing a complaint with the Labour Commissioner. I have the right to file a complain right?However, I’m worried about the consequences:
– Can the company retaliate legally or otherwise if they find out I filed the complaint?
– Will my name be kept confidential if I file online or via email?
– What’s the safest way to initiate this legally without putting myself at risk while still being employed there?
– Do I have to involve my real name to get any legal traction, or can I start anonymously?If anyone has gone through this or knows the legal risks/protections involved, I’d really appreciate your advice. I just want to understand the **scope of legal protection I have as an employee** before taking the next step.
Thanks in advance!
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SFile a complaint through a lawyer. You will be fired immediately. So take printouts of all emails or performance reviews or feedbacks as proof. Then file a complaint. The company will retaliate by filing a false FIR . The police naturally will take bribes from the founder and harass you. Go through a lawyer to file the complaint. The cops will call you to station. Go with your lawyer. Show them the proofs. Not to combine the police that truth is on your side. But to make sure they back off. Remember cops work only for the richest in India.
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SGet a combined single lawyer and file a complaint. Make sure to get anticipatory bail too. Remember the cops are not here to defend you. They defend the richest against you.
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KWhat’s the political affiliation and political hold of the founder? While judiciary is great and you get justice, you need to prepare for things that can happen outside labor office.
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NIf you are not getting payment, there are high chances that your employer is also not contributing towards EPF etc. Although there are some relaxations to Start ups, you can write a letter to EPF officer. EPFO will conduct investigation and will not reveal your name.
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SFirst get a new job because once you file complaint against them, they will make your life difficult. Things like not giving experience letter, not reducing notice period etc.
First get another job quietly, then file a complaint like others said. Try to gather other employees as well and get a lawyer. As someone mentioned, police will take money from your boss and try to harass you as much as possible. So make your case solid with bank statements which proves that you haven’t been paid since 3 months, any emails etc.
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