Unpaid Salary After Resignation: How Can a Manager Recover Their Due Payment?

Issue of Unpaid Salary After Resignation

A manager working in a private concern was asked to resign by the management. As instructed, the manager resigned and requested his pending salary. However, even after 20 days from the ordinary payday, the management has not provided the payment. What is the remedy for the manager to recover his salary?

Management should not impugn pestering employees to resign. Guilt may be intentional or unintentional, but once the employer has decided to terminate an employee's services, they should relieve them with Full & Final Settlement. Now it is understood as a dispute; henceforth, the employee must have de rigueur material (emails sent to management regarding their salary, any letters provided by the employer stating their relieving, salary drawn till the month, date of duties attended, etc.) by which they can send a letter asking for the release of their F & F in a Registered post with AD. The acknowledgment speaks for itself. For redressal, the employee may approach a Labour Commissioner's office located in the area close to the place of employment. The person shall be given an application where compulsory information has to be furnished with all document copies related to the employer (along with the AD letter). The Conciliation officer will visit the management and speak to them to redress the grievance. In most cases I've seen, 85% of cases are resolved.

The farthest point is the Manager can simply find another job if they have the rest of the certificates (relieving, experience, etc.) instead of showing grievances against the company.

Points to Remember:

- Any employee, when "ASKED TO LEAVE," has all rights to question the employer instead of resigning blindly. It is out of the ordinary if the Manager is held responsible for any activity against their terms of employment.

- Conduct nominal research to determine whether such assertions are made only to them or if any other employees are filing complaints against the said employer.

- Decide whether you want to go legal for any punitive damages caused to you due to intentional termination -- Be the best judge yourself.

Regards.

Regular follow-up every 15 days through emails, addressing the management with a CC copy to HR and Accounts departments for future proof.

Regular calls to HR and Accounts to know the status, whether receiving or not receiving the response through either mail from the company.

Keep the xerox copy of the exit formalities with you, which are duly signed by each individual department against the handing over of the office property; hence, there would not be any sort of manipulation in the document.

Take the relieving letter from the company before leaving the office premises.

Thanks and Regards,
SAI

The manager, who is not a workman, cannot approach the Conciliation Officer. If his salary is above Rs 18,000 per month, he won't get the benefit of the POW Act as well.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

The Payment of Wages (POW) Act has provisions for recovering unpaid wages, but it does not apply to wages exceeding Rs 18,000 per month, i.e., to individuals earning above that salary threshold. Such individuals are unable to take legal action against their employers under labor laws. Similarly, managerial personnel are not covered under most labor laws, except for provisions such as gratuity, Provident Fund (PF), and bonus under the Factories Acts. The only recourse available to them in case of a breach of contract by the employer is through civil courts.

Regards,
VARGHESE MATHEW
[Phone Number Removed For Privacy Reasons]