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 would be paid in 4-6 weeks after the last day of 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, creating new stories, and 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,
Regards,
Abeniel
[Phone Number Removed For Privacy Reasons]
From India, Gurgaon
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ISSUE:
I was told that the final pending salary would be paid in 4-6 weeks after the last day of 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, creating new stories, and 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,
Regards,
Abeniel
[Phone Number Removed For Privacy Reasons]
From India, Gurgaon
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You should consult your previous company's local area labor department under the Payment of Wages Act - 1936. Please proceed with providing evidence and cooperating with the labor department.
Regards,
Murthy
[Phone Number Removed For Privacy Reasons]
From India, Hyderabad
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2Regards,
Murthy
[Phone Number Removed For Privacy Reasons]
From India, Hyderabad
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Most companies process the full and final settlement of employees within 4-5 weeks. However, in your case, it seems that you have waited long enough. If you feel that they are not expediting your payment, consider contacting a lawyer and sending a legal notice requesting clearance of your dues within 7 days, or you will approach the labor court for resolution.
I believe this action should suffice, and your payment should be prioritized. However, proceed with legal action only if you strongly believe they will not pay you the correct amount. In my opinion, employees should avoid jeopardizing relations with their previous employer. Extreme measures should only be taken in exceptional circumstances.
Kind regards
From India, New Delhi
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I believe this action should suffice, and your payment should be prioritized. However, proceed with legal action only if you strongly believe they will not pay you the correct amount. In my opinion, employees should avoid jeopardizing relations with their previous employer. Extreme measures should only be taken in exceptional circumstances.
Kind regards
From India, New Delhi
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Before contacting a lawyer, you can send a final letter referring to the follow-up efforts you made and calling upon them to pay you the salary dues within a week's time. Failing to do so, you will be constrained to pursue the appropriate legal remedy to recover the same with interest as well as the cost of litigation. Wait and see.
Regards,
B. Saikumar
HR and Labour Law Advisor
Mumbai
From India, Mumbai
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Regards,
B. Saikumar
HR and Labour Law Advisor
Mumbai
From India, Mumbai
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