During my previous assignment as a Project Manager, my previous company didn't pay my pending salary for the last three months of my service in that organization. Before that, they hired another person as Project Manager and compelled me to hand over all my documents to him. I worked sincerely for that organization, from setting up offices to deploying eligible manpower on-site. This situation affected my life significantly as I am a family man.
After waiting for three months, I switched to another organization. I also sent a resignation letter to my previous organization, asking for my full and final settlement. Now, it has been almost a year since that incident.
Please let me know if there are any means or ways to get my hard-earned pending salaries and dues from my previous organization.
With Best Regards,
From India, New Delhi
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After waiting for three months, I switched to another organization. I also sent a resignation letter to my previous organization, asking for my full and final settlement. Now, it has been almost a year since that incident.
Please let me know if there are any means or ways to get my hard-earned pending salaries and dues from my previous organization.
With Best Regards,
From India, New Delhi
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Legal Recourse for Unpaid Salary
The problem, as explained, is difficult for any employee to handle. Employers have no right to act in this manner. However, the employment terms as per the Appointment Letter shall prevail in case of any such disputes in the right jurisdiction of the court as mentioned in the Appointment Letter. Since you worked as a Manager, there is no help under Labour Law. Under the Industrial Disputes Act, people in the Workman category have been categorized for raising their claims of unpaid dues or for reinstatement in case of this type of termination from employment.
You are advised to contact a lawyer who specializes in civil matters, particularly services and contracted services for unpaid salary and damages/interest. Before proceeding, please consider the current situation and the implications of filing a suit in the appropriate court. Your present employer may not appreciate it, and you will be required to attend court on almost every date for an uncertain number of years. This is why employers create such problems, and unfortunate managers face numerous issues—both family and professional in nature. However, the law certainly condemns this arbitrary act.
Best wishes,
Regards, RDS Yadav
From India, Delhi
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145The problem, as explained, is difficult for any employee to handle. Employers have no right to act in this manner. However, the employment terms as per the Appointment Letter shall prevail in case of any such disputes in the right jurisdiction of the court as mentioned in the Appointment Letter. Since you worked as a Manager, there is no help under Labour Law. Under the Industrial Disputes Act, people in the Workman category have been categorized for raising their claims of unpaid dues or for reinstatement in case of this type of termination from employment.
You are advised to contact a lawyer who specializes in civil matters, particularly services and contracted services for unpaid salary and damages/interest. Before proceeding, please consider the current situation and the implications of filing a suit in the appropriate court. Your present employer may not appreciate it, and you will be required to attend court on almost every date for an uncertain number of years. This is why employers create such problems, and unfortunate managers face numerous issues—both family and professional in nature. However, the law certainly condemns this arbitrary act.
Best wishes,
Regards, RDS Yadav
From India, Delhi
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Legal Clarification on Severance Dues & Probation Period.PDF
Salary-Note.doc