Employer Not Giving Pending Salary Despite Constant Reminders - CiteHR
Kamalkantps
Advocate
Kph
Labour Law
+2 Others

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Hi,
I left a small web agency on Sept 14, 2012 after completing my 1 month notice period. I received the relieving letters and have joined another organization.
ISSUE:
I was told that the final pending salary will be paid in 4-6 weeks after last day or working, in this case Sept 14, 2012. I am on the verge of completing 8 weeks waiting for the final settlement (pending salary of 45 days) to be made.
FOLLOW UPS:
I followed up on several occasions and the employer (owner of the company) keeps extending the deadlines cooking up some new story, making some financial statements like getting confirmation after talking to the accounts team (which doesn't even exist).
HELP NEEDED:
1. How much wait is too much?
2. What steps should I take to get my pending salary (if possible, smoothly)?
3. Where can I find legal help and how should I proceed with it?
Many thanks,
Abeniel
9718048718

Dear Abniel,
You will consult your previous comany local areas labour department under payment of wages act-1936.
You can proceede your evidences cooperation with labour department.
Regards
Murthy-9948179949

Dear Abeniel,
Most of the companies process the full and final of the employees latest within 4-5 weeks time. However in your case it seems that you have waited enough. If you think that they are not expediting your payment then just contact a lawyer and send a legal notice to them asking to clear your dues within 7 days otherwise you will Approach to the labour court for your dues.
I suppose this much would be enough and your payment shall be cleared on priority. This step should however be taken only in case you strongly feel that they will not pay you your rightful amount. In my opinion the employee should not put the relations with previous employer in jeopardy. Any strict or for that matter any action should be taken in extreme conditions.

Before contacting a lawyer, you can send a final letter referring to the follow-up efforts you made and calling up on them to pay you the salary dues within a weeks time, failing which you will be constrianed to pursue the appropriate legal remedy to recover the same with interest as well as the cost of litigation.Wait & see.
B.Saikumar
HR & Labour Law advisor
Mumbai

Thank you so much for your helpful replies. I guess I shall wait for sometime and go forward with issuing a legal notice when this goes out of hand. Thanks again, Abeniel
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