What is my legal remedy if my employer does not pay my salary in India?

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In cases of unpaid salary, an employee can (i) approach the labour commissioner to reconcile the matter, or (ii) file a suit under Section 33(c) of Industrial Disputes Act, 1947 for recovery of money due from an employer, or (iii) file a case with the competent authority under Payment of Wages Act 1936.

For executives and managers earning above Rs. 18,000/-, a summary suit under order 37 of the Code of Civil Procedure can be pursued, preferably following a legal notice to the company to clear unpaid salaries. A company may also be booked for fraud under Sec 447 of Companies Act 2013 or under the Indian Penal Code.

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