PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
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I understand that the appointment letter stated 3 months' notice period, which you have served, but the salary for 2 months has not been paid, citing reasons that the work is not complete.
Going merely by the points you have presented here, no self respecting employer would stoop to such tactics. So, it may be better to proceed on legal action so that the employer's version can be heard as well, before a presiding authority.
From India, Bengaluru
malikjsEmployers should not stop salary as situation mentioned by you,there is no other alternate except to take legal action
From India, Delhi
saswatabanerjeeSpeaking from the technical point of view, your employment and salary is not linked to completing the work. The employer can only hold it back if you were not doing your work, or absent, etc.
I am surprised that you actually went back and helped them for many months even when you didn't get paid your salary.
Taking legal action to recover your salary is an expensive exercise, but do talk to a labour lawyer and see what your options are. next time they want your help, ask for your salary as precondition to giving any help or even responding to a query.
From India, Mumbai
vikrant-maniarAppreciate your replies. I was the Accounts Head of this company. I am very wary of legal action against someone whom I have worked for for quite some time. As per my information, as on today, the work that was pending by me is still pending. Finalization of Accounts for filing of IT Returns was done by me. I am not a CA. I cannot finalize the Audit Report. Like literally, I am not authorized by Law to do that. Now, even after the IT Return had been filed back in December, the Audit Report is still not complete even in September of the next year and after me leaving the organization for more than 6 months. I do not know why the Auditor is taking his sweet time or is he just incompetent.
Another thought is that these people are lying to me. But, there was a call to me on the 20th September 2022 when I clearly stated that I will not be answering any queries until my dues are released in full.
I would like to apprach a proper Labour Lawyer / Consultant from Mumbai.