Employee Resigns and Returns After 2 Years: Are Employers Still Liable to Pay?

Hi Friends,

There is an interesting case I want to put forth to you. If an employee resigns and comes after 2 years to collect his dues, would it be the liability of the employer to pay him? Here, my question is, for how long can we hold the final salary? Secondly, where will this amount of final salary go? Will it be deposited back into the company's account or somewhere else?

I tried to search it online and some bare acts, but it was in vain. Please also provide me with some references for it, some judgment/order, or abstract from any act because I have to discuss this with finance people.

Regards,
Sandeep Kulkarni.

Dear Sandeep,

According to the law, we have to wait for three years for the employee to come. If he does not turn up to collect his dues, we will intimate him through post to collect his dues. Even if he does not come, we will have to deposit the amount in the Government's Labour Welfare Fund.

Sangeeta

Dear,

Unpaid wages to be deposited in the labor welfare fund, as Sangeeta said. However, I think the period has now changed, and it should be deposited after two years.

Thanks,
J.S. Malik

Dear Sandeep Kulkarni,

If you have not deposited this amount with the Welfare Commissioner, then pay him his legal dues. The State Labour Welfare Fund Act specifies the period of withholding of the unpaid accumulation by the employer. Please go through this Act and take action accordingly.

Regards,
R.N. Khola

(Labour Law & Legal Consultants)
09810405361