Struggling to Get My Last 2 Months' Salary After Resignation – What Can I Do?

I am resigning from my old company with proper documentation and all necessary approvals, and I have sent it to HR. However, it has been around 5 months, and I have not received my salary for 2 months. When I contacted my old HR, she informed me that the company does not have the funds to pay the salary. Please help me with what I can do in this case.

Subject: Salary

When you send your resignation letter after following the rules regarding notice, etc., the company either has to accept it or, if it is not accepting it, it should communicate to you the reasons for refusal. It has not done either. It is also not paying salary for the period you rendered service.

You can send a final letter calling upon your employer to settle all your dues admissible under the law. Failing which, you are free to pursue legal remedies to recover the same. If you are a workman under the Industrial Disputes Act 1947 or covered under the Payment of Wages Act 1936, you can file an application before the appropriate authorities under one of the respective Acts for the recovery of the monies due from the employer.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai.

Good luck to you. What are you waiting for? Send a registered letter with acknowledgment due, seeking the arrears and final settlement of dues. Also, send a copy by ordinary post and one by e-mail with a notice of 15 days or one month. Keep records of all these, and after a month or so, hand them over to an advocate; he will do the rest.

Regards,
Kumar S.

Thank you, Mr. Kumar, for guiding me. As per your and Mr. Sai's guidance, I have sent an email to HR, Senior HR, and my old manager regarding the legal activity. Please guide me on how to send a notice to the company, whether through an advocate or directly.

Yes, I plan to go to the labor court, but I don't know about the procedures on how to interact with them.

Just approach the ACL office and specify which area your past company pertains to, along with all necessary supportive documents and communication made to HR. The ACL office is the authority that can address this matter.

Regards,
Shivaji