How Can My Friend Recover Her Unpaid Salary and Documents After Leaving Her Job?

Respected Senior,

One of my friends was working with a reputed HR Pvt Ltd firm, which is established in all metropolitan cities in India. She left the organization for her marriage. While leaving the organization, she served the proper notice period and completed all the necessary procedures. However, it has been 5 months, and she has not received any documents such as the Relieving Letter, Experience Letter, Full and Final Settlement, as well as PF settlement.

The Full and Final Settlement includes her two months' salary as the company has not paid salaries to any employees across its branches in India due to financial constraints.

She has been continuously calling, emailing the HR department, and visiting the office, but she is not receiving any proper response. Lately, they have stopped responding to her calls and emails altogether.

The total amount due to her is approximately ₹60,000 with the organization.

Steps to Resolve the Issue

Kindly advise on the steps she can take against the company. What would be the best solution to resolve this issue as the amount of ₹60,000 is significant for her?

(Note: We cannot disclose the name of the company to avoid any negative impact on their reputation in the market.)

Kindly respond.

Thank you & Regards,

Manjiri Aher.

Payment Procedures and Employee Rights

Payments are made as per the Payment of Wages Act. An employee who has resigned or retired is eligible to receive wages and other final amounts such as Leave Encashment of PL/AL, Bonus, etc., within 24 hours after serving their last day. If payment is made after that, the employee is eligible for interest as well. If the employee was eligible for Gratuity and it is not paid even after 30 days of resignation/retirement, the organization is required to pay interest.

With a service certificate or work experience certificate that includes the date of relieving mentioned in the appointment letter and other relevant documents, one can contact the Labour Commissioner. If the company is registered under the Bombay Shops and Establishment Act, the Municipal Commissioner must also be contacted. To the best of my knowledge, in Pune, IT establishments in Hinjawadi Phase are exempt.

You can contact the Labour Commissioner for the Full and Final settlement with interest and also approach the Human Rights Commission. This process should be initiated promptly. I have successfully completed this procedure for a friend in the past.

Regards,