Facing Salary Withholding After Resignation: Who Can Help Me Resolve This?

Hi, Dear all!

I am in desperate need to find the solution to an HR related problem that I am presently facing. This is I, staying in Delhi, and I joined a Mumbai-based company with a branch office in Delhi. While serving for about 17 months at a managerial level, suddenly two months back, my salary for the previous month was withheld without assigning any reason, and I was forced to resign immediately.

Ultimately, keeping in view all pros and cons, I resigned in good faith that my earlier salary would be released, followed by the full and final settlement in a few days. Even after submitting my resignation, my salary has not been released. I contacted our HR manager, and I was told that I would receive it with the full and final settlement after 45 days as per company rules.

Today, even after more than 45 days have passed, I am continuously following up with the HR department, but there is no satisfactory reply. Kindly guide me on whom to contact in this situation.

Hi,

Ask for an explanation as to why your salary is being withheld. Contact the person to whom you were reporting, if not HR, to inquire about any outstanding dues on your side. You haven't mentioned the reason for your resignation. Was it mutual, or is it one-sided? Speak up. They should provide a proper explanation for why your salary is being denied. First, find out the reason. If there is no mistake on your part, then we will be able to suggest more appropriate actions.

Thank you for the response. Is there any provision within the company to withhold the salary without specifying the reason? I was asked to resign without any explanation given. Yes, it was mutual, and despite submitting my resignation, it has not been accepted to this day. If you need more information, please feel free to ask. You can also reach me at avsolution.support@gmail.com. Regards, Sandy

Hi Sandy,

No company can deny or hold salary. There is no provision whatsoever. Send a letter through registered post with an acknowledgment card stating your Date of Joining, Employee Number, Department/Division, Date of Relieving as such, and mention your salary is pending from such and such date. Despite your repeated calls, it has not been cleared to date. Don't forget to mention that HR or the concerned person has assured salary after 45 days but still pending. Ask for the reasons withheld. Any written communication will be addressed by the company. So, don't send an email. Send a registered post with a card.

"You block your dream when you allow your fear to grow bigger than your faith."

That's fine. Remember not to exceed more than one month's salary to the lawyer. 😛 Update on the progress.

Dear ksa04,

Hope you are doing well. To date, I have not received any reply from our HO.

1. Can you suggest where should I approach for the earliest solution?

2. Can I put up the case in MRTP?

3. If NO, then can I also go to the labour court? Also, kindly comment under which clause. (FYI, I was at the manager level.)

Regards,
Sandy

Dear Sandy,

You have mentioned you were working at a managerial level, but as what? Were you in Sales or Marketing? My company does have a clause in the Employee Manual that for sales/marketing/customer service, if there is any outstanding payment from customers, then we can hold the final settlement until it gets cleared or adjusted in the full and final settlement.

As for your query, no company can hold salary without giving reasons. So, you have all the rights to ask for a reason.

Hey Sandy,

Don't feel bad. You, please go to the labor court and send a notice to your employer for full and final settlement. I may suggest one more thing: if you have the contact email of your MD, chairman, or BOD, then email them mentioning your problem with HR and cc the HR. Okay, then see how quickly they will release your salary.

Regards,
Shine:icon10:

The Indian legal system is very lengthy and tough. It is advisable to consult a reputable lawyer; otherwise, your total expenses could amount to 70,000 rupees for a sum of 50,000 rupees. When dealing with court proceedings, it is recommended to demand high compensation, ranging from 2-3 lakhs, for delays and mental harassment. Seek assistance from a well-known lawyer; may your issue be resolved promptly. Alternatively, resorting to threats towards the HR manager and resorting to violence is not a recommended course of action.

Hi Sandy,

Hey, consult a lawyer and send a notice to your employer. He may be in a position to suggest what will be more appropriate. I will also get back regarding this.

Have they given you an experience or relieving letter and didn't pay salary only, or is it both? Some companies do give an experience letter but deny salary. What is your case?

Check whether they have done PF deduction for you. If so, do a small search on this website. You will get broad ideas.

I'm fine, thanks so much.

"When you are right, you need not be angry. When you are wrong, you have no rights to be angry." - Mahatma Gandhiji

Hello! Thank you. Can you suggest the thumb rule to claim compensation/penalty for mental tension, harassment, agony, loss of career, and unemployment?

1. Pending salary for over four months.
2. Full and final settlement pending for over two months.
3. Expenses incurred in pursuing the matter.

Dear Sandy,

You have a very genuine problem. Try to gather as much information about the rules and regulations followed in your company and thoroughly study your appointment letter to find out the clauses you can use to fight against the company. My dear friend, I believe you may not be able to go to the labor court because you are not classified as a workman. You may need to prove yourself as a workman.

In Indian law, there is flexibility as you do not necessarily need a lawyer to fight your case. Why not prepare a legal notice yourself, get it signed by a notary, and send it to your company? Ensure there are no false charges, and have all the necessary proofs ready to fight the case.

Regards,

Mudit Stayadeep

Dear Mudit,

Thanks for updating. What can one do against the company sitting mum for the last 3 months? Okay, if I proceed as per your suggestion, what is the procedure to be followed? If the company doesn't reply, then what's next? Kindly suggest.

Regards,
Sandy