How Can My Sister Get Her Withheld Salary from an Unethical Employer? Seeking Advice!

Unethical Salary Withholding by Former Employer

A few months back, my sister joined an interior designing firm. The company did not provide her with any appointment letter, and her salary was paid in cash. The long and inhumane working conditions at her office started causing severe back problems, which left her with no option but to resign. Since there was no appointment letter, there was no agreement or clause regarding the serving of a notice period.

She informed them on 6th October about her intention to leave on 8th October. Now, her salary for the month of September and one week of October has been put on hold. They have told her that her salary will be released only when they find a new person to replace her and when the project she was working on is completed by the new person.

There is no set time period for the full and final settlement, and if their condition is to be followed, it could take a month or even a year. Given their unethical behavior, I have serious doubts about whether they will release the salary at all.

I would be highly obliged if you could help with this matter and provide the necessary guidance regarding the legal and non-legal actions that can be taken in this case.

Regards

Please send a legal notice through an advocate. Sometimes, employers release the salary with a legal notice. If they do not release the salary with a legal notice, then you have to seek help from the court. Even if she has not received an appointment letter, she might still have some proof of employment.

Thank you.

Thank you, sir, for your valuable guidance. Would attendance records be considered proof of employment? The firm had also placed CCTV cameras at strategic locations, and the video recordings from those would also show my sister working there.

Your sister should have a copy of the attendance record. Of course, she may not have a recording of the CCTV.

Dear friend,

The attendance record of the office cannot be removed. It is sufficient proof of attendance. She should demand her salary with interest because after every 30 days, an employee is supposed to be paid for his work. The date of payment could vary from office to office.

Gpagarwal
Lucknow