Previous Employer Denies To Pay Last Month's Salary - CiteHR
Saswatabanerjee
Partner - Risk Management
Riteshmaity
Labour Law Advocate
+4 Others

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Hello sir,
I was working in a private company as a salesman. Company doesn't provide any offer letter or anything else which can be helpful to prove that a person is Working there.
I haven't signed any paper at the time of joining so obviously there will be no notice period.
Now as i have left the company, he denied to pay my last month's salary and allowance.
Please guide me how can I get my salary and allowance and how to settle my account?

Hi
Though they have not issued letter of contract, still your attendance, business card or id card can be shown as proof of association with the company, u mentioned u left the company, have u submitted resignation letter, have u gave notice period...
If u employer agreed to releave u, they must settle the account & its mandatory.
Issue a letter to your employer in simple language to release the salary or mention them u would approach Regional Labour ,if not request considered.
Things will settle in your favour.
Regs,
Venkateesh

Many companies do not provide appointment letters but that does not necessarily take away your right. As already pointed out by Mr. Venkatesh as above, other documents like attendance registered, payslip, letter of authority etc. can prove your employment.
Send a letter to your employer requesting to release the dues (outstanding salary and other dues). Send this letter through registered/ speed post and keep the copy of the postal receipt as well as details of online tracking. Give them a reasonable time (say two weeks) to clear the payment, if not then you can approach the labour commissioner or appropriate authority as per your nature of work.

Does your salary hold any sort of PF or ESI deductions.If yes then it is the proof for your employment.The letter needs to be sent through Speed post in order to have an proof of sending the letter.
Dear Mr Udit,
I am writing this assuming that you have worked sincerely for your employer upto last day and in spite of that they do not wish to release wages. Please consider to send a simple letter to the Director of the company by Speed Post, with a request to instruct the payroll to release your salary for the number of days you have worked with them. If you were working as counter salesman then they would be having attendance record, no need to provide any extra documents. If you were travelling salesman then giving copies of Daily Call Report of the relevant month would suffice. Please mark a copy of this letter to HR head. Please mention in the letter that you do not want to take any legal help but you are requesting them to sort out this amicably. Avoid any harsh language.
Wish You Good Luck!

Dear Venkatesh sir,
Thanks for your reply.
Let me inform you that I have submitted resignation letter and at the time of resignation, employer agreed to release me within the time i asked him. But at the time of settlement he told ne that i'll be paid for only 3 days.
As i am only person with highest earnings(e.g. 10000) in family, i need this money very much...

First, you have said you do not have a notice period, which means you did not serve notice period then you say that you have resigned and they have excepted your last working day
I do not know which of the following is actually true.
Also, what is the reason given by the company for not clearing your last salary?
If you do not provide the complete details we will never be able to give you the correct answer

I have submitted resignation letter on 20th october and told employer that I'll leave on 23rd October. At that time he didn't told me that I'll have to serve notice period, and also told me that he will release my salary on 10th of November. At the time of account settlement, he brought a point that I will be paid only for 3 days(21st to 23rd oct.) as i have served only 3 days of notice period.
Hello Udit
in the absence of offer letter/appointment Tough you can prove your employment. verbally contract of employment cannot be legally stand if the employer or employee back off from the terms thereof.
well with regard to your are you have been holding the salary slip, Identity card, or the bank statement of salary payment through cheque or did the employer had deducted your TDS or EPF & ESI contributions. that could let to prove your employment. also try to approach your colleague whoever had worked with you who could speak up in your favour. else simply write the letter to releave you if they ignored then you can approach your range labour commissioner he/she will take necessary step accordingly?
Thanks & Regards
V Shakya
HR & Labour Law Advisor

If he is paying you for the 3 days you worked then what exactly is the problem ?
You said he is not paying for the previous month
So are you saying that he made an oral promise to pay the salary and then refused now ?
If its an oral promise, then there is little you can do
But your failure / refusal to complete normal expected notice pay goes against you....


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