Stuck Without My Final Paycheck: What Legal Steps Can I Take to Get Paid?

Hi,

I was working with an MNC bank in a contractual position through a third-party payroll. I have secured another permanent job in a reputable company, so I have resigned and completed the full notice period of a month. All my no-dues formalities were completed on my last day. It has been about a month since I left XX bank, but I have not received my final salary from the agency. I have been attempting to contact them continuously - either they do not answer my calls, or if they do pick up by mistake, they only say that they will get back to me. They do not respond to my emails either, despite my numerous attempts to reach out to them.

I possess all the necessary documents, including an accepted copy of my resignation, a relieving letter, and a copy of the no-dues form. When I reached out to my ex-manager at the bank, he clearly stated that I need to follow up with the agency.

Could you please suggest any legal recourse I can take to claim my salary?

Thanks,
Dimple

Hi Dimple,

Before pursuing legal options, you would be better off approaching the HR or concerned official of the third-party agency for the clearing of your outstanding dues. Many companies follow a policy of delayed payments or waiting 45 days before clearing the last salary.

If that does not work, then all you need to do is approach a labor issues lawyer and get him to send a notice to the third-party agency for payment of your outstanding dues. This should sort things out as most companies pay up immediately upon receiving a lawyer's notice.

Regards, Gaurang

Hi, Dimple,

In this scenario, you should refrain from further verbal communications. Instead, write a polite email to the concerned HR of that agency. Then, set a reminder at least a week later and keep a record of all written communications. However, do not give them any hint that you will pursue legal action. If after two or three reminders they still haven't responded, send a strong email indirectly indicating that you may take legal action. Following these steps will strengthen your position in case you decide to pursue legal proceedings; otherwise, your case may not be very strong.

Regards,
Pooja

Dimple,

You should write a letter to the HR Department of the third-party agency (on whose payroll you were working) and send a copy to the HR Department of the company (Private Bank) where you were working. If the issue is not addressed after this step, forward the letter to the Head of the third party and the Managing Director of the bank, and this time, mark the copy to both HR departments. This approach should yield results.

If the issue remains unresolved, proceed by forwarding the same letter to the Appellate Authority at the district, state, and central levels to observe the impact. Ensure all communication is conducted via email or by Registered A.D. only to maintain proof of acknowledgment.

Regards,

Gold