Riteshmaity
Labour Law Advocate
+1 Other

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I worked for my previous company from Jan 2016 to Nov 30. They didn't give me salaries on time from starting, sometimes it was mid of the month or next month. From Aug to Nov they have only given one salary, so 3 months salaries left. I had putted down my papers on 7 Nov, and according to my offer letter i had to serve the notice period of 15 days which i have served but at that time HR didn't give any response to my mail. After some troubles they finally agreed and then on 30th Nov, HR sent an acceptance email stating :

"

This is in reference to your letter of resignation submitted on November 10, 2016. We wish to inform you that your resignation has been accepted by the organization and your last day of working will be November 30, 2016.



Your resignation letter has been forwarded to the concerned Departments for processing any dues. Only on receiving no dues from all the departments your exit formalities will be completed.



Kindly note that until the no dues are received from all the department heads you are still liable to the Company.



It has been a pleasure having you as one of our employees and we wish you success in your future undertakings.

"

They take 45 days for F&F which has been over and now when i called HR, she told me they will only provide relieving not salaries as you have not served your notice period. I said i already served but she denied and said it will get counted from the day of acceptance. What should i do?
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See irrespective of what they say or mail. They have violated many labour laws also your contract. you can do the following :-
As
1) Payment of Wages Act
2) Factories Act
3) Shops and Establishment Act
4) Indian Contract Act
are violated, you can simply contact area labour inspector and he will register a complaint and contact your company with a notice. Along with this you can easily file a civil suit and ask for dues, damages and compensation.
First demand your outstanding salary in writing and send through registered post. Wait for few days. Thereafter you may approach the appropriate legal forums depending on your nature of employment, salary, type of company etc. to recover the outstanding wages legally.
Whatever the HR says is immaterial in front of the statutes.
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