Law	Purpose
Industrial Disputes Act, 1947	For recovery of unpaid wages, illegal termination
Payment of Gratuity Act, 1972	For gratuity after 5 years of service
EPF Act, 1952	For Provident Fund dues
Payment of Bonus Act, 1965	For annual bonus recovery
Shops and Establishment Acts (State-wise)	Regulate employee conditions in private firms
Insolvency and Bankruptcy Code (IBC), 2016	File claim if company is insolvent or in NCLT process

What If the Company Vanished or Directors Are Untraceable?

You can:

• File police complaint under Section 420 IPC (cheating).

• Lodge complaint with ROC (Registrar of Companies) via MCA Portal

• File complaint to District Labour Commissioner.

• Send notices to directors at their personal residential addresses.

Documents Required for Filing Claims

• Appointment letter / Offer letter

• Salary slips or bank statement

• Copy of resignation or termination letter

• Email or WhatsApp proof of employment

• PF number / UAN

• Identity proof (Aadhaar, PAN)

• Any HR or payroll correspondence

Timelines and Limitation Periods

• Salary recovery: Within 3 years

• Gratuity claim: 30 days from due date (extendable)

• Labour Court cases: Within 12 months for wage disputes

Can You File Case If You Were a Consultant or Freelancer?

Yes. While not covered under labour laws, you can:

• File a civil suit for recovery

• Send legal notice for breach of contract

• File complaint under Section 138 of NI Act if a cheque bounced

✅ Tips to Strengthen Your Case

• Maintain emails, chats, payslips, and offer letters

• Always send notices via Registered AD or Speed Post

• Don’t delay beyond limitation periods

• Hire a labour law advocate or use free legal aid

✅ Real-Life Example

Ravi, a marketing executive from Delhi, didn’t get his 3-month salary when his startup closed. He filed a claim before the Labour Commissioner and then Labour Court. The court ordered ₹2.4 lakh plus 6% interest. He also filed EPFO complaint and recovered PF within 45 days.

Conclusion

Being justify unpaid after a company shuts down is both financially and emotionally distressing. But the law is on the side of employees. Whether you are a full-time employee or a contractual staffer, you have clear legal routes to recover your rightful dues. Don’t stay silent—assert your rights with proper legal steps.

Need Help Drafting a Legal Notice or Filing for Your Salary Dues?

Contact a professional labour lawyer today and take action before it’s too late.

FAQs with Answers: Company Closed Down? How to File for Employee Dues Legally

1. What should I do if my company shut down without paying my salary?
   Send a legal notice and file a complaint with the Labour Commissioner or Labour Court.

2. Is non-payment of salary a criminal offence?
   No, it’s a civil matter, but cheating or fraud can attract criminal provisions.

3. Can I still claim dues if the company is closed?
   Yes, employees remain entitled to unpaid wages and benefits.

4. Where should I complain for unpaid salary in India?
   Labour Commissioner or Labour Court under Section 33C of Industrial Disputes Act.

5. What is the time limit for filing a claim?
   Salary dues: 3 years; Labour Court: preferably within 12 months.

6. What if the company directors are untraceable?
   File police complaint under IPC and lodge complaint with Registrar of Companies (ROC).

7. Can I get my PF if company is closed?
   Yes, you can file grievance on EPF portal using UAN.

8. How can I claim gratuity after company shutdown?
   Submit Form I to the employer or controlling authority under Gratuity Act.

9. What about bonus dues?
   File a complaint under the Payment of Bonus Act, 1965.

10. Can I file a case in civil court instead of labour court?
    Yes, especially for high-level staff or consultants not covered by labour laws.

11. What documents are needed to claim dues?
    Offer letter, payslips, bank statement, resignation letter, PF number, ID proof.

12. How long does it take to recover salary legally?
    3 to 12 months depending on the court and complexity.

13. Can I file an online labour complaint?
    Yes, many states have online portals like Shram Suvidha.

14. Can I approach the NCLT for dues?
    Yes, under IBC, you may claim as an operational creditor if insolvency proceedings are ongoing.

15. What if I was working as a consultant?
    File civil suit for breach of contract or recovery.

16. Is experience letter mandatory for claiming dues?
    No, but it helps establish employment if available.

17. Is there a penalty for companies not paying salary?
    Yes, as per various state Shops & Establishments Acts.

18. Can I claim notice period pay?
    Yes, if termination was without due notice.

19. Can I demand compensation for mental harassment?
    Possibly, through civil court or human rights forums.

20. What is Section 33C(2) of the Industrial Disputes Act?
    It allows employees to approach Labour Court for wage recovery.

21. What if company says it has no money?
    Claim can be filed during insolvency/liquidation under IBC.

22. Can I file complaint at ROC?
    Yes, against the company and directors via MCA portal.

23. What if company forced me to resign without pay?
    File complaint under illegal termination and seek compensation.

24. Can I include PF, gratuity in same complaint?
    Better to file separate claims with EPFO and Gratuity Controlling Authority.

25. Is a legal notice compulsory before court action?
    Advisable, but not mandatory in all cases.

26. How do I find if the company is legally closed?
    Search company status at MCA portal.

27. Can a union help in recovering dues?
    Yes, especially in large organizations.

28. Is it costly to file a case in Labour Court?
    No, very minimal court fees. Advocate fee varies.

29. What if company misused PF contributions?
    Lodge complaint with EPFO and file FIR.

30. Can I file RTI to know company’s status?
    No, but MCA provides public data.

31. Can a single employee file complaint or it must be group?
    Even a single employee can file complaint.

32. Are labour courts employee-friendly?
    Yes, particularly for workers and junior staff.

33. Can I claim interest on delayed salary?
    Yes, courts often award interest.

34. Is there free legal aid for this?
    Yes, contact your District Legal Services Authority (DLSA).

35. Is WhatsApp proof valid in court?
    Yes, as electronic evidence.

36. Can I contact employer directly for settlement?
    Yes, try amicable resolution before litigation.

37. Can I complain to the Ministry of Labour?
    Yes, through their helpline or Shram Suvidha portal.

38. Do startup employees have different rights?
    No, same labour laws apply.

39. What about dues from international companies?
    File complaint if the company is registered in India.

40. Can dues be claimed after 5 years?
    Difficult. Limitation law bars delayed claims beyond 3 years.

41. Can I claim loss of job compensation?
    Only if termination is illegal or no notice is given.

42. Will Labour Court issue warrant or arrest?
    No, it only issues orders for recovery. Criminal complaint needed for arrest.

43. Can dues be adjusted from my final settlement?
    Yes, with consent. Illegal deductions can be challenged.

44. What if company had no HR records of me?
    Use alternative proof like emails, UAN, or payment slips.

45. How do I follow up EPFO complaint?
    Track using grievance ID on EPF grievance portal.

46. Can PF be withdrawn online after company closure?
    Yes, if KYC is complete and employer approval is done.

47. What if company refuses to file Gratuity Form L?
    Approach Gratuity Controlling Authority directly.

48. Are part-time or contract workers eligible?
    Yes, if they meet conditions under labour laws.

49. What is the role of Insolvency Resolution Professional (IRP)?
    IRP invites claims from employees during NCLT insolvency.

50. How to draft a legal notice for salary dues?
    Mention details of employment, dues, demand for payment, and legal consequences if ignored. Use an advocate for accuracy.