Labour Law & Hr Consultant
Legal Analyst, Hrm
Working For A Psu,
+2 Others

Is a resigned employee eligible to get arrears in wages after his resignation for the period he was in service
3rd August 2016 From India, Mumbai
Morally speaking, any resigned employee is eligible to get arrears of retrospective wage revision. However, if there is a conditional clause in the settlement of wage revision to the effect that the benefits of the settlement including arrears would be only to those employees who are in the service of the organization on the date of signing of the settlement, ( and it is mostly the prevailing practice in Private Sector), those resigned prior to that date can not claim arrears.
4th August 2016 From India, Salem
Definitely, he is eligible for arrears of salary for his service period. His right to claim his deferred wages cannot be forfeited. Any condition, if applied, would be void in law.
7th August 2016 From India, Delhi
Retrospective wage revision naturally makes even resigned or retired or other wise seperated employee eligible for arrears. If any conditions included in the pay revision agreement do not hold the judicial scrutiny. Some managements put such conditions. However separated employee should claim the arrears. If management doesn't pay the arrears should one should seek legal recourse. Ethically and legally arrears should be paid to the separated employee also..
7th August 2016 From India, Visakhapatnam
You all should pose your query with details of the context. What arrears are you referring to? How they are payable to the employee? Is s/he alone to receive such arrears? While it is correct what the others have said.
23rd August 2016 From India, Mumbai
I was denied arrears by employer a scheduled co op bank for resigning from service.i have completed 38 years of service n only 14 months left for retirement..I resigned on health grounds on may.17. new wage agreement was due since July 2013 n it was done in Oct 17..
Any legal option available to me to claim d arrears as it's a huge amt.
P a pinto
Mumbai Thane
19th October 2017 From India, undefined
P a pinto
Mob no wrongly mentioned by oversight as read as 9819358586
19th October 2017 From India, undefined
If there is clause in settlement that only those who are on muster rolls of the company on data of signing & unfortunately you have resigned before the said date then you will not be entitled to the arrears. You should have pulled on a bit in that case.
22nd October 2017 From India, Mumbai
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