Struggling to Get My Final Paycheck: How Should I Handle This HR and Legal Mess?

I have recently joined a company, but due to the pressure of work and staying late, I didn't continue with that company after receiving my cheque. After this, my HR called me to ask whether I would be rejoining or not. I told her that due to partiality and poor sales conversion, I wouldn't be continuing. She then said to come for exit formalities. She asked me whether I had received my salary or not. I told her I would be depositing the cheque, and my cheque has been stopped. I called HR for the reason, and she told me that my manager had stopped it and that it would be cleared if I came for the exit. I visited to complete that. Then the HR told me she would be calling me and informing me about the date to deposit the cheque. I was waiting for her call, but when I didn't receive any, I visited to meet her after completing my exit formalities. At that time, she was on notice period and didn't inform me. Now I have come to know she left the company. Throughout this process, my manager was not updated by her. Now the company is not releasing my salary, and I am in debt. I am planning to go to the consumer court for the same. In their offer letter, it was mentioned that if they terminate any employee, then only the salary stops by them. Please help me.

Understanding Notice Period and Resignation Procedures

Please go through your appointment letter or offer letter, where it will be clearly stated that in case of resignation, a certain notice period will be stipulated. For contract employment, it will be 15 days; for regular employment, it will be one month; and for senior positions, it will be two to three months. One must abide by this. If you have acknowledged this or wish to seek early relief, please make a representation to the management. Typically, work pressure alone does not lead to resignations unless there is harassment from superiors or peers, or unsatisfactory performance.

Whatever the circumstance, you should initially clarify your stance to your manager regarding your resignation and state your reasons. Simply collecting your salary cheque and not attending work can be seen as absconding or unauthorized absence. Legally, you must submit your resignation. The company management will likely assign personnel to take over your responsibilities, and you must obtain a clearance certificate, the format of which can be obtained from the HR Department and submitted to them.

Only then can you expect a full and final settlement from the company, including your salary for the days worked, any leave encashment, and bonuses as per company policies.

Legal Recourse and Settlement

This matter does not fall under the purview of the Consumer Forum. You would need to approach the labor court or small causes court, where you must provide evidence to support your case; otherwise, it may not hold weight.

Hope this clarifies.

Kind regards, [Your Name]

Understanding Notice Period and Salary Recovery

You are not supposed to leave your company at your own will without serving the notice period or paying the equivalent amount in lieu thereof. What is the notice period mentioned in your letter of appointment? What is the tenure of your employment with this company? Additionally, how much amount, and in what form (like salary, bonus, etc.), is payable to you? At no instance can your employer stop your salary.

You have forums in labor laws to recover such outstanding salary as well as dues. However, the consumer forum is not the appropriate forum, as mentioned by Mr. Raghunath above. Please submit your resignation and also demand the outstanding salary in writing with proper acknowledgment of the receipt of such a letter.

I am glad that you all have taken the initiative to read my problem and answer it. Thank you for your valuable time. As I mentioned earlier in the post, I have resigned from my company and completed the exit formalities. However, I am struggling to get my one month's salary. I am asking for the money for which I have worked hard. I need that money as soon as possible. My manager was showing partiality towards me as I was new to this field, but she wanted me to perform better than seniors who have been there for more than six months.

Regards

You need to send a demand/legal notice claiming the amount due to you. If they don't pay, then you have to file cases before the appropriate authority under the labor law.