How Can We Get Our Pending Salaries After Resigning from a Company in Crisis?

Dear All, I resigned from my last company on 15.11.10. The company was experiencing a fund crisis at that time, so my last two months' salary (since September 2010) was due to me. I was informed that once the company receives funds, they would clear our pending dues. We received our release letter which mentioned 'your salary dues will be cleared in due course.' However, even after a month, there has been no confirmation communication from the company's side. There are four other ex-employees from the same company who are also facing a similar situation, where their salary is pending post-resignation.

Could you please suggest possible steps so that we can receive our money?

Regards, DG

Steps to Recover Pending Dues from a Former Employer

Now that you are out of the company and dues are pending to be paid to you, first and foremost, you should collate all the information. Keep all the copies of the documents given by the company, such as the release letter, acknowledged copy of acceptance of your resignation letter, experience letter, appointment letter, last increment letter, and a copy of your leave cards.

First, send a polite letter by registered post reminding the organization that your dues are pending and ask for the date by which this will be complied with. Preferably, this should be addressed to the HR Head with a cc to the Managing Director/CEO. It is very important that this letter is polite in nature.

If no response is received from the company, send a second letter with the above reference after a period of 15 days. This letter should be addressed to the Managing Director about this issue, mentioning that if you don't receive any written communication, you would be compelled to approach the relevant appellate Labour court.

If there is still no response, show all the above communication to a lawyer who would draft a letter to the company on his letterhead, stating that if his client's issue is not resolved within 10 days, he would be compelled to file a petition in the court.

Even if there is no response, your lawyer would have all the evidence to file the petition in the court against the company. Chances are that the company would settle all the dues rather than face litigation in court.

Regards,
Rajat