Facing Unpaid Salaries and Resignation Issues: Can I Take Legal Action Against My Employer?

Hi All, I am an HR professional. I have worked in a company for the last 6 months. It is a newly registered company, a new venture. They haven't given any salary for the last 3 months. When I asked, they told me they would clear all the money. However, I suddenly need money as I have to pay my room rent. When I asked, they shouted at me very rudely. So, I resigned on that day (21-03-2014). I submitted my resignation through email, but they are denying accepting that email. They are not replying to anything. Whenever I ask about my money, they tell me they are not accepting my resignation letter.

Company's Response to My Resignation

What they mentioned in their email is below:

"Please note that as per the email below, it’s not possible for us to accept your resignation letter because, as per the company rules, a Human Resource Manager should complete the notice period.

When it comes to employees, if there is no work or project, we can relieve them on the same day. But when it comes to a Human Resource Manager, he or she must complete the notice period because we don’t have another HR Manager.

Please note: Until we hire another HR Manager, we are requesting you to be present in the office. If you are not ready to complete the notice period, we will consider it as termination. Also, you are not authorized to send any email, message, or call to the Managing Director.

Requesting you to be present in the office and continue the work."

Issues with Appointment Letter and Salary

There is no appointment letter. They took back my appointment letter. In the appointment letter, my salary was 21K. I have only a scanned copy and a Xerox copy with me. I want to stop all this fraudulent activity. I want to take legal action against them. How can I handle this situation? They are trying to withhold my salary. They don't want to give the remaining balance.

Please suggest what I should do. Please let me know as soon as possible.

Thanks in advance.

Please keep all the records.

1. Now you have the xerox copy/scanned copy of the appointment letter in which your salary is mentioned as Rs. 21,000/-. Even though you do not have the original appointment letter in your hand, you have the xerox copy of the appointment letter. So, your first point is cleared. You can argue with the photocopy of the original.

2. Please keep the salary slip issued by the company in your name and create the second proof of employment with the company.

3. Store the soft copy (duly scanned) identity card of your company issued to you in your personal email. (You can save the salary slip and appointment letter in your personal email as well.)

4. Further, take the printout of your resignation letter submitted by you and keep the record.

5. Keep the printout of their reply so that your employer-employee relationship is confirmed with the reply given by you.

6. Now you can file a complaint with the licensing officer/registering authority (hope yours is registered under S&E Act) regarding the non-payment of your salary for the last three months. (Please provide further clarification in this aspect - Please confirm if the non-payment of salary is only for you or for all the staff working in your company?)

7. What is the clause in the appointment letter regarding separation? Please provide more details regarding the notice period and separation clause.

8. You mentioned in your query about fraud. What is it? How are you planning to stop the fraud taking place in your company? Have you made any sketch for that? Provide more details regarding the fraud taking place in your organization.

9. What is the size of your organization? Do you have any trade union in your organization?

10. How is your relationship with other employees in your organization?

11. What is your financial background? Can you withstand a period without employment until you get justice?

12. If you go for legal remedy, then other employers may hesitate to engage you, marking you as a problem creator. Your future employment may become questionable.

13. How do you feel about quitting the job and explaining the present scenario to a new employer to secure a good job in another company?

Think a hundred times before making any move.

Regards

Kindly check the below-mentioned list:

1. This company is registered under the S&E Regulatory Act.
2. They registered with 19 employees, including the Director and Managing Director, but the total employee strength is more than that.
3. They are not issuing any documents to any employee.
4. They are not paying salaries on time to their employees.
5. They are not deducting professional tax as they are not registered with PT.

How can I handle this? I want to inform them not to deceive employees and jeopardize their future.

Dear Anonymous or Sangeetha, as named by Mr. Bhaskar,

Good evening. Sorry to see your condition, but things should not be taken lightly. At the same time, we are concerned about why pupils like you are not ready to seek assistance from the Department of Human Resource Development (Government of India).

Required Documents for Action Against Management

In any case, if you wish to have your issue resolved, we will require the following documents to take action against the management:

1. Your appointment order, even if it is a xerox copy.
2. Your employment period with your employer (ID card, all corresponding emails from your HR, and your company).
3. Payslips proving your salary with the organization.
4. The resignation letter you submitted to the company.
5. The email you received from your organization in response to your resignation.
6. The final statement from your management regarding the issue you are facing.

If you can email me all these details, I can assist you with finding a better solution.

Regards

Let me check with them mutually. If they are not going to solve this issue, then I would like to take proper action. Directly, I will contact you. Maybe you are the right person for this situation.

Thanks a lot for your suggestion.