Struggling to Get My Unpaid Salary: How Can I Ensure My Dues Are Cleared?

Dear All, Please read the following carefully and suggest as I am finding some problems in realizing my pending dues from my organization. I am an HR professional staying in Kolkata. I was working with a manufacturing company as Manager-HR and resigned from the same on 15th Dec '10 due to some acute financial crisis that the company was facing. While I resigned at that point in time, my last four (4) months' salary was overdue to me, and the company assured me to clear the same in due course. Based on that, I left the organization and complied with all such separation clauses like serving the notice period and handing over my responsibilities and company assets like a laptop, SIM, etc. Now it is almost two months, and no initiative has been taken by them to clear my dues. In the meantime, I have enquired about the status of my clearance through mail, and each time I am getting some indistinct answers like it will be cleared when the company will be able to arrange funds, but no definite answer is given to me. However, I know that they had already arranged some funds based on which the pending salary of the existing employees has been cleared, but our case has remained untouched and unsolved. Moreover, I have not received any answer to my last two mails. One of my ex-colleagues, who is facing the same problem as mine, has recently visited them at their office, and while he has been given the same sorts of answers, after some heated arguments, he has been told that the company cannot pay him now and he can do anything he wants. Now I am really doubtful about their intention. I am really in trouble and need my dues back, so I request you to put up some positive suggestions about realizing my dues. Please suggest. Regards, DG

Dear DG,

Please write a letter to the head of the company with a cc to the labour commissioner for the area. This should help. Please remember to send a registered AD so that you have proof of the receipt of the letter by the company. For the Labour Office, you can just inward it.

Ideally, the company should not keep your payments pending. However, I am sure you must have recruited your replacement; maybe he can help you out. Under the Payment of Wages Act, employers are supposed to pay salaries within 7 days of the end of the month. I wonder why you waited for 4 months.

All the best!

Thank you for your reply. However, is there any other possibility by which a prompt response can be obtained from their side? I have been reaching out to them via email for quite some time, and things have been pending for a long period. Pursuing a trial under the labor court will take additional time, possibly 3-4 years. Please understand that I should not have to plead for my dues; it is their responsibility to settle the same. Kindly advise on any processes that could lead to prompt action.

Those who are reading this are requested to comment and offer solutions because the number of responses is very low.

Best regards,
DG

Dear All,

In reference to my previous post regarding the clearance of my salary dues, please understand that I was working as a Manager with a CTC of around 4.5 lakhs. Thus, I don't fall under the category of worker or labor as per the Industrial Dispute Act and Payment of Wages Act. Under such circumstances, will I be eligible to lodge a case at any labor court? Please guide. Furthermore, can you please inform me if there are any other platforms where I can refer my case, such as the Human Rights Commission, etc.

Awaiting your reply.

Regards,
DG