Riteshmaity
Labour Law Advocate
Amit Aishwary Choudhary
Managing People At Work.
Akkimukhedkar
Pharma Seles Exe

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I had given one month notice it will complete on 22 nd Dec 16 but there is salary is pending towards the company for about two month due to late in in expense statement. but now my expenses has received by company and still they had not disburst my pending salary when they will disburse my salary. Along with F&F settlement or befor of settlement. Please guide me
Company is required to pay wages within 7th to 10th of every month. Since you are already serving notice period, it is advisable to wait for some days for F&F settlement to see if all dues are paid or not. If they don't pay, then you can claim together.
In my point of view company can hold one month salary and it will be disbursed at the time of full & final settlement. Employer have no any rights to hold dues salary of employee even he/she has resigned. But you are working there and well knows of your company financial status. There are two types of hypothetical conditions will lies-
1.May be there are some financial problem with employer so that they are not able to disbursed two month salary to all employees
2. Employer had disbursed salary to others but not you.
If 1st hypothesis are true then you should have to co-operate your employer and it is sure that you will get all dues in full & final settlement but If 2nd hypothesis are true then you should have to take an action against employer.
Regards,
Amit

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