How Can I Recover My Unpaid Salary After Resigning from a Financially Struggling Company?

ssparaj
Hi Experts, I was working with a Private Limited Company as a Financial Analyst and Adviser. Recently, I left the organization with prior notice to its CEO and director, and the same has been accepted, providing me with a relieving and experience letter. I have also cleared my notice period.

Outstanding Salary Issue

Now, I have a few outstanding receivables from my last one-and-a-half-year salary. The company was under loss and was unable to pay salaries to its employees. Despite the promising career growth, I decided to resign due to financial pressure. However, after resigning, the CEO is refusing to pay the dues without providing any reasons, even though the payables are recorded in the company's financials.

I seek your advice on how I can recover my outstanding salary. Your assistance in this matter would be greatly appreciated.

Regards, Shrishaktiprasad [Phone Number Removed For Privacy Reasons]
Sharmila Das
Before giving the relieving and experience letter, the HR needs to complete your Full & Final settlement. It would have been an unleashed condition if the amount had been comparatively low in a situation where the company was undergoing a downturn.

"Now I had a few outstanding receivables from the last one-and-a-half-year salary. The company was under loss, and it was not able to pay salaries to its employees. Having a bullish eye on the growth of our career, I was working, but finally, due to financial pressure, I resigned."

Precisely to the issue of not paying salaries hitherto with huge amounts which are at stake to the employees. The company could have remitted smaller amounts to clear the pending amounts when there were no cash flows available instead of bullying or pressurizing employees thus far.

- Do you have enough proof to substantiate the amount pending?
- If you were sure that the employer had any "bullish eye," why hadn't you encumbered when you finally decided to leave?

"The CEO is denying to pay the dues without any reasons. But the payables are recorded in the company financials."

Riotous! But you have one way to go for it -- Get in touch with the employer with emails averting replies. The best course of action is adjudication. Prior to which you may have to contact the competent authorities (Labour officer) to get a solution to your problem. An application mentioning your grievance submitted to the concerned will call both parties. You may have to provide an explanation asked in a protracted (lengthy) manner rather than a shortcut. Approaching the Labour department before the suspicion of the company getting closed is imperative.

Regards
ssparaj
Thank you for your guidance. The case goes like this:

1. The amount is a large sum.
2. While issuing the experience letter, they mentioned that they would release payment in parts.
3. Proof: The company pays salaries only through bank transfers, with the bank passbook serving as evidence. The same amounts are recorded in the company's financials.
4. Denying means he is asking for 4 years to pay my dues, and they plan to pay in 40 installments.
5. I have all the email evidence to support their obligation.
6. Since they are requesting 4 years, I asked for interest on the outstanding dues. After that, they are willing to pay.

Kindly advise. Please provide me with your contact number so that I can stay in touch with you.

Thanks,
Shakti.
Sharmila Das
Thank you for clarifying the above pointers. In any set of circumstances, an employer may compel you to accept their way of payback. Your role is to put forth grievances. If not, who is at a loss?

If you want your hard-earned money, seek a conciliation officer and discuss the issue with the pros and cons suggested by the employer alongside accusations.
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