Struggling with Unpaid Dues After Resignation: How Can I Resolve This with My Former Employer?

My name is F J Laha. I was working in a senior position in sales at an MNC named Danaher Corporation. In India, this company is registered as DHR Holding India Pvt Ltd for the past couple of years.

I resigned from the services of the company on 30th September 2009 as I wanted to pursue another career goal. This company, to date, has not only not given me my relieving letter but also held back my full and final financial settlement. They have held back my salaries for September, October, and travel-related expenses. I have returned all the company properties to the company.

I gave the company a notice period of one month as per the norm of the company. Even after writing several emails and talking to the MD and HR of the company, my dues have been held back without any proper reasons.

I am facing terrible hardships due to this and request your suggestions to plead my case. If need be, I am willing to provide all proof of my employment with the company and any other relevant documents.

The company is based at the following address in Mumbai:

DHR Holding India Pvt Ltd., Kalpataru, Executive Synery Level 2, Opp Hotel Grand Hyatt, Santa Cruz (East), Mumbai-400055.
Tel: 022-39537100

My email id: fjlaha@hotmail.com

My name is F J Laha. I was working in a senior position in sales in an MNC named Danaher Corporation. In India, this company is registered as DHR Holding India Pvt Ltd for the past couple of years.

I resigned from the services of the company on 30th September 2009 as I wanted to pursue another career goal.

To date, this company has not only not given me my relieving letter but also held back my full and final financial settlement. They have withheld my salaries for September, October, and travel-related expenses. I have returned all the company properties to the company.

I gave the company a notice period of one month as per the norm of the company. Even after writing several emails and talking to the MD and HR of the company, my dues have been withheld without any proper reasons.

I am facing terrible hardships due to this and request your suggestions to plead my case.

If necessary, I am willing to provide all proof of my employment with the company and any other relevant documents.

The company is based at the following address in Mumbai:
DHR Holding India Pvt Ltd., Kalpataru, Executive Synery Level 2, Opp Hotel Grand Hyatt, Santa Cruz (East), Mumbai-400055.
Tel: 022-39537100

My email id: [fjlaha@hotmail.com](mailto:fjlaha@hotmail.com)

Dear Friend,

I suggest issuing a Legal Notice to the Company to warn them of initiating legal action in the appropriate Forum, Tribunal, or Court.

Regards

Hi, I think it is going to be more difficult to get your payments with ease due to the legislative style in this region. I think you may approach any human rights NGO instead of issuing a legal notice; they can handle the situation as you wish.

Regards, Em.Es

Arrre nahi Sohail Sir, this is a labor law-related issue, and in this part, we have many legislations to safeguard the interests of employees.

Regards

Hi Laha,

I think you should go with labor for the same issue, as I am also facing this kind of thing from one of the companies in Ahmedabad where I worked for 1.5 years as a team leader. However, I have not received my one-month salary, full and final settlement, or any letters such as a relieving letter or experience letter. I had to leave the job in August due to the completion of the process, and it has been more than three months now. Furthermore, there are 150 employees who are also suffering from the same issue.

Regards,
Hinal

Dear Mr. Laha & Hinal,

Please lodge a complaint against your company at the nearby Labour Office. The concerned Labour officer may send a notice regarding your full and final settlement with the company. The company or HR officer must reply to this notice or meet with the Government Labour officer. In your case, the company will provide you with all your payments through the Government Labour officer.

You have to follow up with the concerned Government Labour officer in your area.

Regards, Mahesh M Ayati

Dear Laha,

I also faced the same kind of problem a few months back. Fortunately, I approached the Trade Union People for help, and through their negotiations and discussions, a positive outcome has come out. I could get my salaries and also my dues.

Kala Padmanabhan

Dear Laha,

I suggest you write a letter to the HR Manager of your company stating that if you don't get a response and your final settlement done, you may proceed with legal action. After sending this letter, if you don't get any positive response, you may go ahead and issue a legal notice. In such cases, the law always supports the employees.

All the best!

Regards,
Sangeetha

Hi, Laha & friends,

I also suggest going through the labor court, but before, as Ms. Sangeetha had mentioned, make a strong technical letter with applicable clauses and punishment. Then approach the concerned Chief Labour Inspector for the address and division.

While sending a letter to the employer, mark a CC to the concerned Chief Inspector of Factories and ask for an explanation within a week of working days as per the English calendar. Please send this letter via registered AD.

Regards,

All the best,
Ramnath

I think effective legal remedy is not available for employees above executive level, especially when knocking on the labor court door. It's advisable to settle the dues amicably.

Dear [Recipient],

Before involving third parties, send a demand to them citing the same points mentioned in your email. This letter should be sent by Registered Post with Acknowledgment Due. Keep the registration receipt and a copy of the letter you are going to send carefully. After this step, you can consider following legal actions.

Regards,
VS Rajan Associates
Chennai

Dear Laha,

To send a legal notice is a last resort, so first write a letter to your concerned department and all the higher authorities. As a lawyer, I know the hurdles of the court. You may get a decision in your favor, but it takes a lot of your time. So, my advice to you is to try to settle the issue.

All the best.

Regards,
Manish Jha
9971602709

I think you should inform MNS so that we can get your dues immediately and file a complaint with the labor officer.

Dear Laha,

My suggestion regarding the whole issue is to approach it in a more professional manner. I am unaware of the reasons and circumstances under which you left the company, as well as what is preventing the company from settling your full and final dues.

Given your senior position in the company, it is imperative that this matter be handled professionally. I recommend that you reach out to the HR head to seek clarification on why the settlement has not been completed and assist in determining the final amount to be settled.

In my opinion, resorting to a labor court may not be the best course of action, as your position warrants a civil court resolution, which could potentially exacerbate the situation. Civil court proceedings tend to be prolonged, so it would be more efficient to engage with the HR Manager for a quicker resolution.

Why not have the HR fraternity establish a forum to address such issues at the appropriate levels?

Best regards,
Prabhakar

Dear Prabhakar,

Good, correct suggestion. Members suggesting going to the Labour Court should read the post carefully.

Warm regards.

Each case has its own unique factors. Adopting legal remedies is like a one-way road. Once you enter it, you have to keep driving on the same road. Therefore, it is my opinion that you should exhaust every remedy, for instance, discussions, coaxing, and finally when nothing works, legal methods. However much time that it may consume, you have to accept the fact that it would be the only option you will have after exhausting every method.

As far as my experience goes, I had issued a notice on behalf of my client to a company operating a chain of starred hotels. The initiative was successful as the company responded immediately and cleared my client's dues within 10 days of receiving the notice. Therefore, at times even legal options give results. The moral is, don't lose hope. A positive approach to issues can make complex ones appear simple.

Hi,

As advised by Sangeetha, you can go by that since this looks fair enough before you could initiate action. If at all you have any peers in HR who are close with you, probably you can start a discussion with them to get a picture of the backlog as well as some hints on the company's moves...

Hi Laha,

I suggest you first talk to HR or send them an email, keeping yourself in CC. The points I have mentioned below are for your information. Do not take legal action now. First, approach anybody who is responsible for sorting out these matters.

I suggest you should write them:

[Date] was my last working day in the office. Today is [Current Date]. Till now, I have not received a single rupee of my pending salary nor the experience and relieving letter. I waited as per the communication with you but failed to get any positive response from you.

As I have already informed, I am really in need of money, and it is very painful to ask about my own rights, not once but many times. I believe I legally deserve to receive this amount, at least now if not at the time of leaving the firm.

Indeed, I do not expect this reward for my hard work and sincerity towards the growth of the company.

Hope to get a positive and prompt reply from you regarding my dues.

Regards,
Bhavna K
Pune

Hi,

Above all the replies, I really liked Ms. Sujata's response and will suggest the same. It's always better that we avoid the court. But if they don't agree, then you must proceed to the labor court.

Regards,
C.M. Mohla

Hi,

I am also going through the same condition. I have sent a registered letter to the chairman. If there is no response from them, I will proceed with the Labour court.

Regards,
Rasheed

Sir,

In the labor court or in the office of the Labour Officer, there is no effective remedy available for senior post employees. They can only be helpful towards workers, not seniors whose salary is above 10,000/-.

Certainly! Here is the corrected text with proper spelling, grammar, and paragraph formatting:

---

Sir,

Please suggest where to approach to get settled such issues. I am a physically handicapped person, and the regional head of the company where I was working has troubled me a lot to issue a relieving letter. In fact, because of his pressure, I was forced to resign from the company. My one-month salary has not been released along with other allowances like the performance bonus (as mentioned in the offer letter as 5% of the profit of the branch).

I have emailed several times to the regional head and also sent copies to the Payroll department at the head office. Now, I have sent a second letter to the chairman (through registered post) with an expectation to get a response. Kindly suggest where I can approach to get this issue settled.

Regards,
Rasheed

---

I hope this helps! Let me know if you need any further assistance.