Employer Not Paying Salary And Holding Certificates

vickkysan
Dear all , i am working for a business school in chennai my employer had not paid me salary for the past three months , and also they had holding my certificates and not returning back please suggest me a solution for this .
Mahr
Hi Vicky,
Have you resigned, as you have mentioned that your certificates are withheld? If you have resigned then you shall speak to your new employer about the situation in your present company and shall take his advise, whether they are fine giving you time for submission. Also record all the email conversations in your present company, regarding the same. You can raise a complaint with the local labour inspector. Before that speak with an attorney and seek his help/advise.
Apex Management
Whether you have resigned or not, non payment of wage is a violation of payment of wages act and you should approach to the area labour inspector for release of your wage.
Secondly, holding of your original documents by your employer is not legal. They might have retained the same with your consent under receipt / acknowledgement. So you can demand to return the same.
P K Sharma
riteshmaity
As advised by Mr. P K Sharma both incidents are illegal.
Salary of this month has to be paid within 7th - 10th of the next month. Any delay is illegal and you are entitled to interest/ compensation for such delay. Whether you are in employment or not is immaterial. Please demand your salary in writing ( registered post).
No company can hold your documents. Your documents is your property. Again demand in writing to handover all the original documents which are your property. If they fail, you can initiate a police complaint too.
Please note that demanding salary and demanding documents are different issues and dealt separately. So do not fix these two issues.
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