Regarding Payments And Relieving Documents

Hi,
I am a software engineer in an IT firm. I have resigned the previous organization in august end (before 31) and I have severd the notice period of 30 days. Now I have joined other company. My prevoius company did not gave me augest month salary and notice month period salary yet. Now it is more than 25 days from my last working day. When ever I asked about payment and relieving docs then they say, they are processing the papers.
I want to know that according to the law in how much time peroid company must pay all pennding dues to its employees? Is there any limit say 20-30 days in which company have to complete their process or is there no such time limit?
Thanks

Hi Kumar,
Usually the Relieving documents are suppose to hand over to an employee @ their last working day. and the notice period salary some companies pay on last day once they finish their exit formalities or in few companies they take 30 to 45 days.

Shalini many thanks for your reply.

My main problem is that they are not giving me pending salary and it's been over more than 2 months and I am facing fininacial problems. I have send them 3 mails mentioing that I am in fininancial trouble. But those peoples are not supporting. Now my current employer is also asking me about relieving documents.

I am preparing myself to take a leagl step against the company so I want to know about the law.

If law says it is leagl for a company to hold 2 months salary of a person for 30-45 days then I will wait for 30-45 days.

Please tell me one more thing. I asked my HR to give me the salary breakup before they prepare the final amount but they said it is upto the account department and if account department becomes agree only then I will get salary breakup.

I asked this because there was many problem has occured with my colleagues. Some of my colleagues who resigned few months before my resign, compnay has deducted a major amount from their salary and refused to give the deduction details.

Is there anything wrong about asking such breakup?

Thanks

I suppose such settlements are governed by the contract of employment. At the time of joining what was your contract condition? Please go through that. It may provide the time period within which the final settlement is to be made. Presumably, being in the higher income group, you may not be covered under the payment of wages Act. I dont think there is any other law that may enforce payment of salary. It all depends upon the contract of engagement.

Thanks bpugazhendhi,
There is nothing about relieving process in the copy of contract that I have. Only notice period duration and penalties are mentioned.
Please guide me to get my salary ASAP because me financial conditions are getting worst as it's been almost 3 months without income.

Hi Kumar,
I agree with Shalini, as per the info provided by you, you have completed the exit formalities as directed by the employer. Generally companies take 30-45 days in order to release the relieving letter and final payment. Try and find out with your employer by what day they will be releasing the same through a written communication, preferably an email.
BR
Nisha

If your salary is below 18000 then you could proceed under payment of Wages for denied or delayed payment. Although time consuming you'll get your salary. Also try informing your company that a complaint will be filed before the Labour Department or Labour Court, if they are continuously harassing you.
Rajeesh

Many thanks Nisha/Rajeesh for your replies.
My salary was there 18K+ so as Rajeesh said I could not proceed under payment of wages. I have sent 4 emails to them but those people did not reply to me. I called on office landline phone many times but most of the time HR was busy and he did not attend call or even not call back to me after leaving urgent messages. Finally I called on HR personal mob. then he said he was too busy so could not reply of email.
Please clear one more thing, I aksed them to give me a written breakup of final amount. HR told me that he will forward my request to account department but this is upto account section and he can not assure me. My question is-
Can company refuse about such payment(salary) breakup?
Thanks

What if the Salary is more than Rs.18000/- which course of action is best to be followed, it is almost a year now since I have not received my last months salary after serving 30 Days of notice period with a Leading Valve Manufacturer in Gujarat, I have sent a notice through a Lawyer but they responded denying all facts as wrong and frivolous and now my lawyer is saying is to file a case in Civil court, is that the only option, does the Government have mechanisms in place to curb this kind of practices

Dear Mr. Joshishj,
You can file your recovery suit in the civil court where the company is located to unable the case at ease. It is absolute that you provide all the necessary information along with the documental evidence for a better standpoint. Your attorney/ lawyer will take the requisition to coerce the actuals imbibed to proceed.
Your process to appoint lawyer should be immediate as the filing of such petition is upto a valid period to 3 years from the date of your resigning or from the time you or the employer has last communicated. Therefore, a lawyer would seek the same and file an appeal to prepare the letter to employer and plaintiff applications etc.
Find out the time left and approach source immediately.