Assistant Manager - Hr
Private Consultant On Labour Laws
Gaurav Bhugra
Hr Recruitment
+1 Other

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Dear Sir,
I was Resigned from my Job last year i.e. May\'13. Due to non payment and other reasons.
after that my salary was not released from company they excuse for financial crisis of the company. Till date i have not received my salary that is for 4 months before my termination. HR dept. confirm the amount after settlement of my accounts but not release the same till now.
please guide me how do we get my arrears from the company. what is the procedure if I claim with interest till date.
Please Guide I am in Financial Crises and also have no Job till date.
Manish Harit

From India
Dear Manish,
First of all, you should simply write a letter to your erstwhile employer and ask for the settlement payment. Kindly send the letter through Speed-Post / Registered Post only.
You can also approach the Labour Department for this settlement.
But, after approaching labour department, as you have mentioned that the company was in financial crisis, then it may be possible that they may settle this with some smaller amount.
So, its better to first approach the company for settlement, and put them reminder for the same. Otherwise the matter can be taken to labour department.

From India, Delhi
Dear Sir Company HR not confirm the matter on record. They have not issued termination letter in writing and settlement letter. They only confirm verbally. How I manage to go labour court.
From India
If you worked there as a supervisory cadre...then labour court do not have any jurisdiction to settle your case.....you just send a Regd AD letter to the company asking them to clear your account to avoid legal compliances......keep the records with you and then send a notice through an advocate....I think they will clear your account if they are brave....because now a days no body wants litigation......it will cost them far more than your full and final amount.
From India, Kolkata
Dear Manish,
Kindly send an e mail/ claim letter via Speed Post and discuss with them, if they do not settle then only go for litigation as a last step, as this once initiated has no expected closure time.

From India, Delhi
Dear Manish Harit,
The Payment of Wages Act,1936 very clearly stipulates that where the employment of any person is terminated, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated. In case of resignation,a normal time of 3-4 days is considered sufficient.Your employer can not hold your dues like this.The Act has prescribed penalty for offences under Section 20 of the Act ,which says that whosoever is responsible for payment of wages to an employed person, contravenes any of the provisions shall be punishable with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees.
I suggest you to approach the concerned labour dept.officials, who have an authority to hear and decide the clams arising out of deductions from wages or DELAY in payment of wages.
BS Kalsi
Member since Aug 2011

From India, Mumbai
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