How Can I Get My Unpaid Salary from a Former Employer While Living Abroad?

Hi all,

I am looking for some legal help from this forum. If possible, please help me in the following matter.

I worked for a Bangalore-based software company for 2.5 years as a software engineer. I resigned from my job in March 2008, and I served a notice period of 1 month.

While resigning, they promised to pay the final settlement amount, issue the relieving and service letters within the next 15 days.

I received the service letter, clearance letter, and relieving letter from the company, but so far, I have not received any payment. I escalated this matter to higher management, but they are not responding to my emails and phone calls.

One day, the office manager from the company called me unofficially, trying to scare me, and informed me that the company would take legal action against me because I am now working with one of the company's old partners.

Subsequently, I sent a legal notice via registered India Post to the company regarding my unpaid salary. However, the company is intentionally not accepting this notice, and the returned post came back to my address.

A friend mentioned that if I decide to file a case against the employer, I would have to attend court hearings whenever summoned. Currently, I am outside of India for the next 2 years, and I am unsure how to proceed with this matter.

Could you please suggest the best way for me to receive my salary from the company in this situation?

Thanks in advance.

Dear Friend,

You can file a money recovery suit before the Civil Court where the office of your earlier company is located. It is not necessary for you to attend the matter for every occasion. At the time of the evidence stage, only your appearance will be required.

Your appointed lawyer will take care of other steps like the preparation of the plaint, applications, receiving the Written Statement of the Company, etc. Please note that there is a restricted period for filing a Civil Suit, and it is 3 years from the last date of the cause of action. The period will be counted from the date of your relieving or from the date of the last reply received from the Company.

You have every legal right to demand your dues from your past company. Go ahead.

All the best.

Regards,
Manoj Pallod :-D

Hello friends. I am also going through a similar kind of stage as Kings.11 mentioned. I served a 15-day notice to the company instead of three months as mentioned in my appointment letter. The company has sent two warning letters where they have clearly mentioned acceptance of the 15-day notice but are forcing me to do handover (which was not mandatory).

A few days back, the company has sent a final notice through a lawyer, stating that as per the appointment letter clause, I have to pay three months' basic salary; otherwise, they will file a civil case. However, the fact of the matter is the company has not paid my one-month full salary (including the unserved notice of 15 days and the served notice of 15 days). Also, they have not provided my relieving and experience letter until now.

Please help me; this is a very serious issue. How can I fight against them?

Please go ahead through a Civil Lawyer who can fight your case. Definitely, you will get pending salary back and against all the court expenses. Advocates have lots of tricks to handle these types of cases.

Thanks,
Hari Krishan Bains