Manojkamble
Sr. Hr Executive
Nagarkar Vinayak L
Hr-consultant
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager
+1 Other

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I had been working in a private firm from 1/08/2010 as manager sales & marketing till January 2018. After I have put my resignation letter they accepted my resignation but they have not paid my December 2017 month salary and 20 days salary in January 2018. They have also not paid my gratuity amount on grounds that I have not collected the outstanding dues from the market. I have handed over all company materials to them also filled up the exit forms and handed over to them. Is this legal to do this to me. More over they have given enough mental torture to me.
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If you are entitled for the gratuity then your company cannot stop your gratuity amount for the above said reason. Normally gratuity is payable with 30 days from your Last Working Day so you need to wait for it and also you can followup with your company for the same. If they deny for the payment of gratuity and remaining full and final payment then you can register written complaint against the company to labour commissioner of your area. This will surely enforce the organisation to pay your entitled dues.
Send a polite but strong letter indicating that you are still waiting for your dues and hope the company will consider and release it immediately along with the gratuity amount. So long as you had served the notice period and there is no agreement to the effect that you will make sure you will get all the dues of the company from the customers before resignation date, it should not be an impediment. You inform the company that expect them to clear the dues within the next one week failing which you will be constrained to go to the labour court for recovery of dues including gratuity. Hope you have the acceptance of the resignation letter in your records as it will be helpful if you are expected to go to the court. Regarding mental torture unless you go for full hearing of the case in the court it is not easy to prove, leave that issue aside for now.
Was it your sole responsibility to ensure outstanding dues are collected?
Have you informed the company about the outstanding dues?
Non payment of salary and gratuity can be challenged by going to Labour Commissioner.
Company has accepted the resignation and now refusal to pay your legally entitled dues is just a ploy to save some money at cost of employee.
Write a clear polite letter placing all dues from company on record and ask for it to be paid immediately.Send the communication by Speed Post so as to have proof of delivery to company.
Mental torture is not easy to prove, but non payment of legally entitled dues is easy to prove.
Dear colleague,
Collecting outstanding dues from customer may be part of your job responsibilities but cannot be condition precedent to payment of your unpaid salary and Gratuity upon your resignation which has been accepted without any conditions by the company.
As suggested, write polite but firm letter giving details of your dues and payment of the same within 7 days failing which you will approach Labour Authorities including Court for recovery of the same with interest.
Regards
Vinayak Nagarkar
HR-Consultant
Dear Friend,
You lodge a complaint that your wages for december not paid by your employer in local labour office. You make an apllication in person or send by registered post to your employer for payment of gratuity, wait for considerable period. If no payment is being made, you lodge another complaint for Gratuity in labour office.
One of our employee incharge for the body shop has superannuated. He has been settled as per the norms. During the period of f and f clearance we find an amount of 52000/- he was supposed to collected from the Insurance company which he failed to collect or rather rejected the claim. The amount due to the company can be deducted from his full and final settlement which is part of the superannuation. We have deducted above amount and balance settled. Now he is asking us that that the amount deducted is from the Gratuity hence we need to return the same. How to deal this case. Can any give your opinion.
Gratuity cannot be attached by even a court order.
The question of insurance claim needs to be clarified and how employee is responsible if claim is rejected.
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