Dinesh Divekar
Business Mentor, Consultant And Trainer
Suresh2511
Labour Consultant
Rdsyadav
Educator, Management Consultant & Trainer
+4 Others

Dear Sir/Madam,
I have joined my company in 1-6-2012 resigned from my job on 1-4-2016 and after one month in may 2016, company declared arrears for the period of 2012 to 2016. When I ask my manager about my arrear as i was the emplyee of company that time, he replied that you have left the job so we are not abide to give u any arrear as u have written in your resignation that all the payments are settle. What to do now ?
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Dear Chetan,

It is not "arrears" but you are due to get "allowances". Secondly, you have mentioned about the period of employment but then what about the period of allowances? What was the cause of these allowances? Has anything been mentioned in your appointment letter on payment of the allowances? When did you claim these allowances? While submitting your claim, did you route these through your Manager? What proof you have to show that you were eligible for the allowances or you have submitted these allowances to HR/Accounts Department?

Has the company given you the Employment-cum-Service Certificate? Have you taken up job in the new company? I ask these questions as while taking on your old employer, it should not impinge on your current employment. You may keep posted your current HR about the issues that you are facing with the past employer.

Payment of Arrears: - When the company underpays to some employee, in the subsequent monthly payment, when the unpaid portion of the salary is paid, is called as the arrears. But then question come, why for the four long years arrears were pending? Did you approach HR about the unpaid arrears? If yes, then do you have a proof? If really there is underpayment then you are eligible to get your dues. Just because you left the employment cannot become ground for non-payment. As far as declaration about clearance of dues is concerned, it can be obtained under duress also.

If you are convinced that fight with the old employer will not impact your current employment in any way then you may approach the Labour Officer (LO) of your area and explain your problem. Keep evidence of your past employment like appointment letter, salary slips, photocopy of the identity card etc with you. Let us see to what extent he is ready to intervene. If he is not inclined to intervene then we will see what to do next. As stated earlier tell him that you were forced to give certificate stating that no dues are outstanding against the company.

Thanks,

Dinesh Divekar
Dear Chetangor,
I understand you are referring to salary arrears. Please send a letter to HR department asking for these arrears with a copy to HR head so that they would respond and would tell you when they are paying or the reasons why it is not payable etc.
Dear Sir/Madam
I was graphic designer in newspaper. my company has revised salary of their employee as there was their mistake in the calculation of newly designed wage board i.e. magethia wage board for journalist and non-journalist staff for newspaper industry. I was the employee at the duration for which the salary was revised. I have yet not claim for same as my employer has not declared it as an salary arrears in public, but from the payslips of current employees i can see the revised and increased figure in basic salary. My employer verbally refused me for salary arrears. So kindly give me some advice. this post is for clarification of my earlier post.
Dear Chetan,

Generally arrears is given for:

1. Underpaid (Less than the Minimum Wages)

2. Settlement with the Trade Union

3. Settlement thru the Internal Union.

In your case it is not reflecting in your statement what type of arrears is given by your ex-employer.

Normally organisations revises salary during the Performance Appraisal and or when they make huge profit (that is called interim revision). Companies preferred to give rises prospectively and not retrospectively other than Government organisation and or thru the settlement with the union. Even it is settlement and or award, Company always put a clause smartly that the settlement/award is applicable to the employees on roll and or in services at the time of signing the agreement/settlement.

Please check with your colleagues, who are still in employment with your previous employer what type of arrears is paid to employees and the terms. Your Management must have displayed notice for the payment of such arrears. If you could get copy of said Notice, please read the terms of payment and the eligibility of employees for arrears. No Law will make you eligible for arrears if it is not written in your contract of employment and if you are not underpaid as you had accepted the terms and conditions of appointment at the time of joining. Fair wages can be given to current employees alongwith arrears for retention.

Best Regards,
Dear Chetan,

I guess that so called revision in salary has been made effective for employees who continue to be on roll of the company as on date of agreement. You need to examine from your ex-colleagues to be sure that like you, those who are not in the company, what is actual and correct position. If as per terms of your appointment letter and in subsequent years you got payment without any legal deviation, you are not entitled for arrears. You need to check, what is written by management in Notice board;its contents etc and who all have been paid. In case of Wage Settlement with Unions, it is normally done with a purpose that workers on roll as on date of settlement should be given benefit of such pay-out, not the employees who exited in past.Reason is obvious that employees on roll will be contributing onwards to management demands of productivity norms et al. Long term Agreement (LTA) is SIGNED BETWEEN EMPLOYER AND UNION(S) primarily with main aim of getting higher and higher productivity and for long term peace to pass on earned money in its proportion.In fact, more details and facts like this were needed to answer the very issue of " non payment of arears " raised in this post.

The above is just my assumption, attempted to bring out clarity and value addition in a general situation similar of others and yours .

Best wishes,

RDS Yadav

Labour Law Adviser

and

Director,

Future Instt. of Engg. and Management Technology
Your entitlement to arrears will depend up on the terms and conditions of the wage revision done by the Wage Board. If the arrears are payable to all employees on the rolls of the company on the effective date of revision, then you will also be entitled to it. If the revised wages are applicable only to serving employees but not those who left the establishment, then you may not. Please verify this aspect with your ex-colleagues.In the mean time, you can send a letter seeking payment of arrears to you and await their written reply.for better clarification.
B.Saikumar
HR & Labour Relations Advisor

You are entitled to receive difference in salary for the period you have worked. If they deny it is illegal. You may first approach them by mentioning that you are entitled for the arrears for the period you worked. if they deny, you may approach labour office of your area.
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