Dinesh Divekar
Business Mentor, Consultant And Trainer
Couvery
Consultant
Harpreetwalia
Senior Manager/freelance Consultant
Nbabbar
Sales & Marketing
+5 Others

I was an Operation and marketing manager in "posco-poggenamp electrical steel pvt ltd." i put my resignation letter on 2July 2013 and served a month notice to release me. My AGM HR didn't give any written acknowledgement of it any verbally accepted my resignation and re leaving date which is 31st July13, as i did lot of good work in that company and i handover my all charge and responsibilities to my juniors properly but on last day of my working director misbehave with me and said that they will not pay my last month salary and other deducted salaries. i'm doing verbal and written communication with this company but director refuse to give any amount. now i want to take legal action on this matter, please suggest best way. My due salary is 70,000 INR
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Dear Gaurav,
Have you given the complete information? My opinion is based on available information only.
Before you take course of adjudication, I recommend you approaching the labour officer of your area. Go there with proof of correspondence. If you feel that you did not get justice then you may give lawyers notice. If the employer still remains adamant then you may file a suit for your rightful wages.
All the best!
Dinesh V Divekar
Mr. Gaurav,
I totally agree with Mr. Dinesh's statements and you needs to have proper evidence related to this issue before you jump into legal action.
second thing- Do not mention your company name(Specific). It is better for you.
Dear Mr. Dinesh,

Thanks for reply, further to this matter, i put my resignation letter and ask to HR dept. for its acceptance but they didn't give it to me as nothing going wrong with me till that time and also i was doing good work in my notice period too so i was confident that i'll get my salary ignoring the past history that other employer didn't got their dues. when i called a common meeting on last day from my side to educate all staff about running projects and task once i completed all matters my director noted down all important information then he started misbehaving with me and even not giving any facility to drop me at my home as usually i was having a car for pick up and drop.

Also threaten me that he will not pay any salary while i argued for it that i offered so many new customers and business to you then he was making excuse that still 2 parties payment is pending, i replied that whatever due payment in which i was involve will be recovered by me then later pay to me still he refuse to pay. As we dont have any condition that my salary will be block due to non receipt of payment from customers.

Still im ready to clear their due payment as im having good repo with my customers. but after that im not sure that my employer will pay my salary as that guy is not ethical and he didn't having good image in market too about employment satisfaction.

He didn't give me any written proof about my resignation or re-leaving acceptance. Also in that company we dont have CL -PL benefits so mean to say that they dont have HR ethics. i wrote a mail to that MD with very polite wordings that my EMI are coming now and im in trouble to manage my family needs due to this month month loss, but he is not replying. HR dept. is helpless as they have to obey their director's orders.

Please suggest me appropriate way to handle this situation.
Verbal acceptance is not enough as you have given resignation in written you must have the written approval for that and here your employer have a plus point on you as they say they haven't approved your resignation and still you leave they do not will to clear dues and FNF.
So, being a professional make sure you do all the correspondence in written. But as of now first you discuss with the current HR as what's the problem and why they are not relieving. Also, check for if anything is pending from your end and if still they do not co-operate then you can talk to the labour office and tell him in detail about the situation.
To, Couvery:
As i knew written approval must require but in case where company doesn't provide such confirmation then what to do ? as they are doing such thing several times with past employees,as i put my notice period for sake of my image in this industry but it was not expected that my salary will be not release particular for my case as per my work and achievements.
And the main reason of resign from this company was job security as i had seen in past that they are not willing to keep high salaried employee for long term, just want to use their knowledge and reference for a year then they start torturing to employee.
With this situation can i do any action to get my salary, plz advise ?
Hi Gaurav,
Usually at local level some companies do such practices of withholding employees salary. I would suggest you to please consult a local lawyer in the civil court as this case would not be entertain by labour office as you were working on a manager cadre. Please send them a legal notice mentioning the out standings to be cleared. Also before sending them legal notice please send a formal letter for your pending clearance via registered post to their HR deptt with a copy to the director and keep the dispatched receipt with you. Give them 5-7 days time to initiate action and if you do not hear from them then please send the legal notice. Please ask your lawyer to raise industrial dispute claiming the pending amount and mental harassment claims as well.
Please make everything in written which will help you further. Most of the employers who do not comply with many statutory obligations do not want themselves to get in to such cases and clear the things upon receiving of no
Actually its people product and profit.But most of the organization only focus on profit and never care for there employee.After reading the above blogs i think that your company dont follow any ethics.Most of the company also accept verbal resignation as well so it depends from company to company.
Kindly keep all the copy of the written proof from your side
as suggested by gaurav approach labour officer of your area
Still if the matter is not solved Drag the company to the court..Dont keep quite as 70000 is not a less amount.
If you will keep quite then tomorrow the company will play in the same manner with other employee as well.
So its time to teach them right lesson.
Thanks
Varun jha
HR
07835876179
Hi,
This fight will take long time. Please keep all yours documents and mails properly. Approach to a lawyer fast as this is fresh incident and if the company gets enough time to think then they will find out many reasons to justify that what they did was right. Don't discuss this matter with any of your collegues who are still working in the company. keep all your moves with yourself and with lawyer. All though police don't register this case but appoint a lawyer then with his suggestion you can approach Labour Officer.
Thanks
Hi!
Please collect proper documents, correspondences and other evidence. Consult lawyer and ask him for draft that could be posted on Facebook, Twitter or other socila media, about the treatement done by this company and director. Post it on all social network.
Please take care that the post convey everything but legally proper so that they cannot file a suit.
Ofcourse, you may give them a chance to reply to or settle accounts before you post the fact on online.
Best Regards,
Divakar
Dear Diwakar
Correct me if m wrong.posting on social network will fetch him nothing and it also does not sound good on either side.the fight is between him and the company and for that he has to approach labour court.showing anger on networking sites is not the right solution.its not professional.its also bring down the character of the company and its shows that the person is not highly matured.
Thanks
Varun jha
Varun,
He has to raise this in proper forum to get his dues. Posting on social network make people like you and me know about these type of companies and people. His customes would know his ethics, other present and prospective employees will be careful.
Social network can really create opinion which may deter many other such people in future. May be his dues are settled if he puts accross his employer, properly of his intentions before posting on socila network.
Do you think if we go to court, he will get the justice in time? Just think of Durga Shakthi case where courts have refused to support her.
I do not know what are the evidence he has, unless it is strong enough, it could be a futile, expensive, time consuming process.
As they didn't give me re-leaving letter or acceptance of resignation letter (they confirmed it verbally and regret to give written acceptance) so is this issue can create problem in my current job ?
If your company has policy that they cant board you without previous company relieving letter then it might be a problem else its well and fine It depends
Dear Mr. Gaurav,
Now that u do not have acceptance on papers, do make sure whatever correspondence you are have now acts in your favor, the mail's what you send to them now, do not forget to mention that you have served your notice period based on the oral communication had with them earlier, and if possible get in touch with the employees who had to quit and did not get their dues, ask them to send a mail to you stating the grievances they faced. and try to record the conversation if you get to have with them now. act fast, just in-case if your employer gets to know about your plans, what he might do is issue a termination letter stating that have be terminated on certain grounds or you are a no show case.
I have been engaged as a Data Entry Operator in Total Sanitation Campaign (TSC) Programme on Contractual basis since December, 2006 under Govt. of Assam (Hailakandi PHE Division, Hailakandi, Assam) and getting remuneration as under :-

From December, 2006 onwards with fixed pay of Rs.1500/- per month and every after six months I was getting fixed salary of Rs.2200/- & Rs.3000/- respectively (without any brake i.e., 01/12/2006 to 31/08/2009). Thereafter, a Cell namely District Sanitation Cell (DSC) under Total Sanitation Campaign (TSC) Programme in September, 2009 was formed and my salary has been raised from Rs.3000/- to Rs.4000/- & subsequently my salary further increased Rs. 7000/- to Rs. 8000/- w.e.f. June, 2013 (with brake).

That Sir, my qualification is B.Sc. from Assam University in 2002 with One Year Diploma Certificate Course in Computer Applications etc. and working with full satisfaction of my superiors and my duty is not only confined within the Data Entry of Sanitation works but also I am engaged for different Data Entry works etc. of Technical Branch of Hailakandi Division. As a result, I am to bear a high load of works regularly.

Therefore, I request your honour kindly to suggest and thus oblige.
Hi ,
I am Nitish
I am also going through the same situation .
I gave a proper resignation on mail. After that i served my notice period of one month as per my agreement. During course of my notice period i was travelling and giving business. they were continuously insisting on that i should not leave . they were offering me good hike but i wanted to move as it was already 4 years and i wanted to go for better opportunity . My director even threatened me that he will create my bad image in the industry and also said that he will deduct amount for cancellation of my international flight which was due for june. i still didnt say anythng . now when i have joined new company i am calling HR she is ignoring me and saying that as per contract employee are not allowed to join competitors but in past many employees did. its just that i have always been outstanding performer and never been a liability on company . my good work is creating problem for me . My 1 month and 6 days salary is due and i have 30 earned leaves due .
Kindly suggest do they have the right to stop my salary . they only hire people on contract . no pf ..no other facilities . only tds deduction.

Best Regards
Dear Sir,
I was working as Administration Manager in one of the listed company till Dec 18 for a years period.
I left bescause company was into losses from few years and no production output due to internal financial crisis.
My 1st month salary was paid salary on 3rd month and gradually increased to 4th & 5 th month. My social life was getting disturbed but patiently carried on. I resigned and served notice period, gave proper handover and completed relieving formalities as per company policies. My last relieving date was Jan 05 2019. Still i did not get my experience letter nor relieving letter.
I received 2 months o/s salary by April 19, now i am still following up with my seniors for my Dec 18 outstanding salary and full & final settlement till date.
I have written several emails, phone calls, w/up messages to my seniors & my director. But they are not responding , they are reading all my messages but not responding.
Please guide as during my service period i had borrowed money from lenders to run my social life and still paying interest as i was not getting salary on time .
Pl direct me i will be highly grateful to you.
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