Facing Unpaid Salary and Gratuity Issues After Leaving Job – What Should I Do?

I worked for 9 years with a Construction Company in Mumbai, from 2004 to 2013. Due to conflicts between two partners of the company, one of the partners who appointed me asked me to leave the job as they did not have any work relevant to my job profile. They provided me with 2 months' salary, a Diwali bonus, and leave salary as my full and final settlement. However, I have not received the cheque for one month's salary from them as I left the job 4 months ago. They requested me to sign the relieving letter containing all the dues paid, including Gratuity.

Sir, please advise me on whether I should acknowledge receipt on that letter. If I do not, they may not pay me my pending one month's salary. Should I also fight for the Gratuity that I have not received, and they are unwilling to pay? I come from a middle-class family. Please help me decide what to do. Where should I file a complaint?

Thanks and Regards

I am not sure about that company's status, but you are entitled to receive all the dues from the company even if you signed the relieving letter. I would suggest you send a formal letter to your ex-company through registered post and keep the acknowledgment for your reference. Wait for 7 days and send a reminder letter with the earlier letter's reference and wait for 7 more days. If they respond, write a letter to the Commissioner of Labour along with the two letters you have sent, including the acknowledgment copy with a CC to your ex-company. For sure, your company will pay all the dues to you.

Two Things to Note Here:

1. Your ex-employer cannot hold an employee's dues for more than 180 days.
2. All unpaid wages have to be notified and deposited in the labor department.

So, you will get it for sure, but you have to be patient enough to wait and get it.

Hello, please share if they have given you an offer letter or appointment letter at the time of joining. If yes, then you can claim the gratuity as per the act. Inform your labor officer of the concerned region and file a case against the employer with the help of the union. If no, ask them to provide the letter. On that basis, you can ask for a claim. Please follow the guidelines given by Christopher.

Thank you,

Regards,
Ashish

As they have not paid you the Gratuity, you are still considering signing it to clear your one month's payment. Although for a middle-class person, leaving one month's salary is difficult, don't give up your Gratuity for that one month's salary. You have to fight for your Gratuity.

Steps to Take for Gratuity and Pending Salary

Just send them a formal letter and mention that you left your services from that company on a specific date. You were paid certain dues. Apart from this, your one month's salary and Gratuity are still pending and need to be cleared at the earliest possible as you are in need of the money. Send the letter only through registered post and keep tracking it until delivered. Then wait for 10 days.

If they send any reply, you can share it with us. If not, then send them a reminder letter along with a copy of the first letter and delivery report. Please note that your address on this letter should be correct and complete along with your mobile number. Also, mark a CC of that reminder letter to the DLC Officer of your area.

If they still don't reply, write a letter to the DLC Office and mention that your ex-employer is not paying you certain dues. You also sent them a letter but they did not reply. The DLC Office will then send them a notice itself.

Hope this will help you. Cheers.

First of all, you shouldn't have accepted the F&F without your gratuity. Secondly, if they have asked you to leave, then they have to pay all your dues. Try to talk to them about the same and ask them to give you your gratuity. You can also mention that you are willing to wait for the payment for one month, which they have not yet paid.

Continuing the Discussion on Gratuity and Pending Dues

Please, sir, help me with the following:

As discussed with you, I informed my boss that I will not be signing any letter containing the word "Gratuity," which I have not received for my 9 years of service. Kindly outline the items I have actually received from your side: 2 months of salary, Diwali bonus, and leave salary.

My boss has sent me a fresh relieving letter containing a statement that "all the dues payable from the company and its group entities on account of salary, leave salary, retirement benefits, and any other liabilities are duly received by me."

Sir, please clarify whether the term "Retirement Benefit" equates to Gratuity.

When I inquired about this with my boss, they mentioned that the amount provided to me (i.e., 2 months of my salary + Diwali bonus) is considered a part of my retirement benefit. They also stated that I must sign this letter first before receiving my pending salary. Should I sign this letter and claim my pending salary before dealing with the gratuity, or else I will not receive any money? They are quite insistent.

In my understanding, I should receive 2 months of salary, Diwali bonus, and leave salary.

- One month of salary should be considered as part of my notice period.
- Another month of salary is for my 9 years of service to the company.
- The Diwali bonus covers the period from November 2012 to July 2013, my last month of work, representing the full bonus for the 9 months I dedicated to the company with honesty and sincerity.
- The leave salary pertains to my pending leave from the company.

Sir, please provide clarification on the above matters to help resolve all my concerns.

Thanks & Regards,

Continuing the discussion from my first post dated 25.11.2013, please help me with the following:

As discussed with you, I informed my boss that I will not sign any letter containing the word "Gratuity," which I have not received for my 9 years of service. Kindly list the items that I have actually received from your side (i.e., 2 months of salary, Diwali bonus, and leave salary).

My boss has sent me a fresh relieving letter containing the statement, "all the dues payable from the company and its group entities on account of Salary, Leave Salary, Retirement Benefits, and any other liabilities are duly received by me."

Clarification on Retirement Benefits

Please clarify if the term "Retirement Benefit" equals Gratuity. When I inquired with my boss about this, they mentioned that the amount they provided me (i.e., 2 months of my salary + Diwali bonus) is considered a part of my Retirement Benefit. They also stated that I must sign this letter first before receiving my pending salary. Should I sign this letter and receive my pending salary first before addressing my Gratuity, or will I not receive any money until I sign the letter as they are quite insistent?

Items Received

In my opinion, I have received 2 months of salary, Diwali bonus, and leave salary:

- 1 month of salary is to be counted as part of my notice period
- 1 month of salary is what I received against my 9 years of service to the company
- Diwali Bonus (Nov 2012 - July 2013, the last month of working) - the full Diwali Bonus for my 9 months of honest and sincere service to the company
- Leave Salary, which is my pending leave from the company

Please clarify the above points to help me navigate through these worrisome situations.

Thanks & Regards,

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