Business Mentor, Consultant And Trainer
Partner - Risk Management
Have you spoken with the HR Department? What is their take on the payment of arrears to you?
After speaking to them, I recommend you sending them your application by Registered Post/AD. Preserve the receipt from India Post carefully. By the way, have you got "No Due cum Employment Certificate" from them? Do this only after receiving this certificate.
If no reply is received or reply was not to your satisfaction, you may write letter to MD with the same procedure above.
If still no reply is received or reply was not to your satisfaction, you may send lawyer's notice.
Further your lawyer will guide on what to do.
Nevertheless, before approaching your lawyer, it would be pertinent to keep your current employers informed. You may take advice of your current HR as well. I say so because your current HR or employer should construe negatively your legal fight with your previous employer. Secondly, views of your current employer apart, following course of litigation means, spending your time in making numerous rounds to the labour court. Are you prepared for that?
Come back after 2-3 months and confirm how did you handle this issue.
All the best!
Dinesh V Divekar
8th October 2013 From India, Bangalore
You will not get this amount and the litigation would be a waste of time and money.
The company is free to increase salary of any person working for it or not it.
There is no law requiring it to be done. There is no law saying that annual increment must be paid or thet it has to be paid with effect from a certain date. It is the decision and wish of the commonly to do so or to do it with effect from a particular date.
You have resigned.
The company is not bothered with you once you have resigned.
They know you are not going to stay. So why will they give you increment which is basically a tool for retaining people they want.
The only difference would be :
A. If they have given you a letter saying your salary is revised
B. That it states that your revision is with effect from a certain date
C. That it will be paid with arrears.
Even if you had that letter, the company can refuse to pay it.
HR has already informed you that they will not pay.
I doubt if MD will say anything different
10th October 2013 From India, Mumbai
One question to be asked is, if the salary hike is more than what the salary you are drawing now, would you leave the existing job and rejoin ??? If not then why the fuss.
Last but not the least for a meager amount would you like to hire a lawyer and waste your time and money for this hike ???
Think over before act, that's what we can suggest.
17th October 2013 From India, Ahmadabad