Stuck Without Salary After Resignation: How Can I Legally Claim My Dues?

Issue with Salary and Final Settlement

Please find attached my appointment letter from my previous employer. As I was on a probation period there, I resigned and provided a notice period of 9 days via email since my head office and HR are in Delhi while I was in Ahmedabad. I adhered to the 9 days notice period as stated in my appointment letter.

However, on my last working day, they informed me via email that they are not willing to release me until a new employee is hired. Consequently, they have withheld my salary and full and final settlement.

After 22 days of leaving the company, they sent a letter to my home stating my absence for the last 22 days, threatening legal action if I do not respond.

I seek your advice on how to proceed in this situation. Can I issue a legal notice against the company to claim my salary, given that I followed all the procedures as per the rules?

Kindly advise on the next steps.

Regards,
Nirmal Darji

You have a good case to win. If you can afford to fight it out on principles, you can. Legally, your case appears to be strong. I would like to examine your email to confirm that you have sent it nine days in advance. Consider practical issues like the costs involved, the time required, your current employer's attitude if you engage in a legal battle with another employer, etc., before you initiate legal action.

Best wishes,
Sivasankaran

It is very interesting. I am curious to know where they will file for legal action and under what law? There is no bond, so what can the company do? Their own letter says that one week notice is enough and that if you are absent for 8 days, it's automatic termination.

Questions to Consider

1. What will they take legal action for?
2. Where will they file the case (under what law?)

Thank you very much for your suggestion. Currently, my employer is supportive, so there is no issue on that front.

Concern Regarding Appointment Letter Terms

My main concern is regarding the terms in my appointment letter. It states that a 7-day notice period is required and that resignation would only be effective upon acceptance. They are challenging me based on this clause.

I believe this is unfair because if the employer delays accepting my resignation for the next 6 months, I should not be obligated to continue working there.

Please advise on the best course of action.

Best regards,
Nirmal
[Phone Number Removed For Privacy Reasons]

Interesting,

It's showing a funny attitude of the company. You have strong grounds to win. No company can restrict anyone on such tenuous grounds. Just check for the things advised by Mr. Sivasankaran and also check if you have any materials, documents, etc., that should have been returned to the company.

Dear Yogitapt,

Yes, I knew that the company is not treating me well. I have a strong case to win. I do not have anything with me, and no documents are pending. I only worked there for 2 months, so what things could I possibly have? Actually, I think they don't want to give me my last month's salary, which is why they are doing all of this.

Regards,

I believe I followed all the instructions given to me for the appointment. I provided a 9-day notice period, so I believe I acted correctly. However, it seems that there were mistakes made on their end.

Regards,
Nirmal

If a new employer requires the relieving letter, then the situation is different. Please enjoy your time at the new place and continue to send reminders about the payment of your dues, issuance of the experience certificate/relieving order, etc. You can also send a copy to the labor commissioner for safety and expedited actions. Nothing can happen to you.

Dear Mr. Niraml881, It's so appalling and weird on the employer's part. As per the discussions we had in this forum, it clearly indicates that you need to fight back on the grounds of your genuineness.

Suggestion for Action

The best suggestion I can give you is to send them a registered post with acknowledgment. You'll have a copy to file in your case. All your correspondence is necessary to provide to the representative from the labor office. Remember, your case should be filed only in the area where the employer is located.

Additionally, a labor officer can also represent this issue on your behalf and settle it in alignment with what you are actually yearning for.

Contact Information

As per your request, I have found the contact information for the Labor Commissioner's office, and you can email them directly from the website itself.

Good Luck..!!

Google: http://www.justdial.com/Ahmedabad/la...007162515-T6E2

Thank you for your valuable suggestion. One thing I want to ask is that my employer's head office is in Haryana, and the HR is also in Haryana, but I worked in Ahmedabad where their office is situated. So, where do I need to file it, in Ahmedabad or in Haryana?

Another issue is that they haven't accepted my resignation. I sent it by email only and cc'd everyone in the concerned department of the company. On my last day, they informed me that they will not let me leave until a replacement arrives.

Please advise.

Regards,
Nirmal
[Phone Number Removed For Privacy Reasons]

How many people work along with you in Ahmedabad? Is it a registered office or a corporate office? If they did not relieve you, then why haven't you asked the same in writing? Did the HR tell you that the relieving will be done in the context explained by you? If not, who told you that you have to work until the new person comes in place?

Dear Sharmila Das,

We are a total of four people, including a peon, one manager, one accountant, and me, the salesperson. It is a registered office, and the company has its own office in Ahmedabad. I had given my resignation with 9 days' advance notice as per the appointment, and they just called me and asked why I wanted to leave. I gave them a very good reply. On the last day, they emailed me, stating that they will not let me leave until a replacement is found and that my full and final settlement will be in trouble.

I followed all the procedures according to the company's policy as mentioned in the appointment letter. However, after 20 days of leaving the services, they sent me a letter to my home stating that I have been absent for 20 days and requesting a written explanation. My concern is, I had given the resignation letter and completed the notice period; why then all these actions? Could it be that the company does not want to pay my salary, and that's why they are resorting to these tactics?

In such a scenario, the company is damaging its reputation in the market. What do you think?

Regards,
Nirmal

Dear Mr. Nirmal,

Company Policy: "Take It or Leave It"

The simple way - "TAKE IT OR LEAVE IT" is the policy now followed by your company. You yourself have given the retort for your query. The company doesn't want to pay you. Yes, that is absolutely correct.

Understanding the Last Day Email

Did you realize the point why only the last day? It's because, this way, when you're mentally geared up, they suddenly avert being blameless. Understand, the only way business happens is like this, and to unmute this, you need to fight up the battle, which might be a little long. If not, please DO NOT WASTE YOUR TIME & ENERGY. Keep it as experience and learning.

Regards