Bharat Gera
Principal Hr Consultant
Riteshmaity
Labour Law Advocate
Savi0744
Sr. Assistant

Hi. can any body suggest me if a employee resign from a company . and that company ask employee to wait till 45 days . for fool n final process. now after completing the said period by company it almost 3 months passed to resign. Now, company is not ready to clear the employee 's pending salary. and making so many excuse to transfer the salary amt. So how a employee can claim the pending salary? please suggest.
8th March 2017 From India, Bengaluru
Salary cannot be withhold and generally to be paid by 7th to 10th of each month; otherwise such delay may attract interest and fine.
Please state the breakup of your full and final settlement for better advice.
If your salary is outstanding, you may send a notice/ legal notice before approaching any legal forum for recovery of the same.
9th March 2017 From India, Kolkata
employee has given written resignation on dec 2016. employer said to wait till 45 days. he said before 45 days he can not do anything. it almost 3 months passed. in feb 2017 employee has also submitted no due clearance. now employer making excuse that his CA is not here. he is so much busy. if owner is willing to clear employee's salary. he can instruct to HIS CA. Please suggest What else is pending now from CA side.
10th March 2017 From India, Bengaluru
#Anonymous
yes but when employee has cleared no due . then employer gave him a termination letter. i think when company terminate a emplyee with serivind any notice period . employee can claim of 3 month salary. is it right?
10th March 2017 From India, Bengaluru
yes but when employee has cleared no due . then employer gave him a termination letter. i think when company terminate a emplyee without give any notice period . employee can claim of 3 month salary. is it right?
10th March 2017 From India, Bengaluru
Post obtaining no dues after resignation, some employers clear the payment within a month and some employer do not bother and keep on delaying it. There is no fix time limit to release full and final settlement pay out but 30 to 45 days is reasonable time to release pay out.
You can send a legal notice claiming interest for the delayed payment along with the principal amount.
If you fall in workmen category in accordance with Section 2(s) of the Industrial Disputes Act, then you can raise an industrial dispute before Conciliation Officer of the area. (Labour Department).
10th March 2017 From India, Thane
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