Stuck Without Pay: How Can I Get My Pending Salary and Full Settlement After Resignation?

I worked with my past company for 8 years. Due to delays in salary, irregular payments, and excessive work pressure, I decided to leave the job. I held the position of AGM in the Finance department. After submitting my resignation, I completed the notice period in full, plus a few additional days. It has been 5 months since I left the company, but they have not yet paid me my pending salary (6 months' worth) or my Full and Final settlement. I have received a relieving letter, the F&F calculation, and a no-dues certificate. All the necessary paperwork has been completed, but the payment has not been received.

Please advise on what steps to take next. If legal action is necessary, kindly provide contact details of someone who can assist us in Mumbai. We are in urgent need of the money. Your help would be greatly appreciated.

Regards

Actually, in your case, gratuity is applicable. So, the maximum days to pay the F & F is one month. The first request to the HR for payment should be in writing. Then, you can launch a complaint to the Assistant Commissioner of Labour with all documents, such as the offer letter, resignation letter, relieving letter, no dues certificate, and the last drawn salary slip.

Hi,

In my opinion, the best way is to approach the labor office. Carry all relevant documents with you and meet the labor commissioner. Once a notice goes to the company from the labor office, everything will fall into place.

All the best!!

Regards, Parikshit

Legal Steps for Salary Recovery and Gratuity

Approaching the Labour Department will no longer help you. For gratuity, you will have to file an application in the Labour Court. Since you were working as AGM, you may not be able to avail recovery of six months' salary through either the ID Act or PW Act. You may be out of coverage of these statutes. The type of company you have not mentioned.

The only option to proceed against the employer for the recovery of due salary is:

1. If a cooperative society, in the Cooperative Court.
2. If a private company, in the Civil Court.

You will have to contact a local advocate for your cause.

Legal Steps for Salary Recovery

In my opinion, kindly do not rely solely on the advice of different people; instead, follow the law applicable to an employee of your caliber/designation. Since you are neither a worker nor a lower-grade employee of the firm/company you worked for, and your salary exceeds the limit for approaching the labor court, the employer may not respond to notices from the Assistant Labor Commissioner. However, you can try and, at the same time, serve the company with a written notice through either registered post or speed post to settle your account within a fortnight.

If this approach fails, consult a knowledgeable lawyer in your area to issue a legal notice and file a money recovery suit in the civil court at Mumbai, where the Head Office/Registered Office of the Company is situated or where you have worked, as there may be jurisdictional issues at a later stage. Best of luck.

Regards