How Can I Get My Last Month's Salary When My Employer Won't Release It? Need Advice!

I am working in a design house named Impact Creative Services Pvt. Ltd. for the last year. Since last month, the employer has been getting ferocious with me without good cause. On the 27th of October, I was absent due to an emergency and didn't call the boss. Here, every absenteeism is non-payable.

The next day when I entered the office, I saw a new man working at my desk. The boss said, "You are terminated, leave now."

Termination Clause from Joining Letter

Below is an excerpt from my joining letter: "You or the company may terminate the services under this appointment without assigning any reason thereof by giving one month's notice or an amount equal to one month's basic salary in lieu of the notice period to the other party."

When I reminded him about this, he said, "Okay, from this day you are on notice period. You can come for one month, just sit anywhere in the office, don't work, and after the notice period, I will give you the salary." I told him that this would be very embarrassing for me, and he replied that I deserved that. Then I asked him to give me a written notice, and he agreed after some arguments. I waited two hours, but he left the office without giving me that notice, so I also left the office, bothered by the embarrassment.

On that day, I luckily got a better job offer, so I joined there the next day, i.e., 31st Oct.

On November 1, I asked him by phone for my due salary, but he said if I take notice and do as he said, I would get my previous salary; otherwise, I should give him my resignation letter. I told him that I don't want to do that. I asked him politely that I don't want the money without working, just for sitting, so please give me my previous month's salary and release me from my duties. But he abused me and hung up the phone. After that day, he never took my calls.

Later, I met him and asked for the same. He has now given me two options for the last month's salary: I have to sign the notice period or give him my resignation letter. I denied both because I am afraid that after that, he might take some legal action against me.

Is there any hope to get my hard-earned salary back? I do want to work in my new company. I will do anything for that. Please respond ASAP and help me out.

Thanks and regards,

Biswajit Chakraborty

Under the West Bengal Shops and Establishment Act, read along with the Payment of Wages Act, your employer is required to pay your wages no later than the 2nd day following your termination. Therefore, please contact your area labor inspector and file a complaint.

Understanding Labour Law and Your Rights

Labour Law Index is correct as per the law. You can contact the local labour inspector and lodge a complaint. However, in practice, the management can provide various reasons for the delayed payment. In your case, the payment is not significantly delayed as it is only the 9th of November.

Steps to Address Payment Issues

One thing you can do is send an email to the HR of your company, copying the higher management personnel such as the MD, CEO, COO, or Plant Head—whoever holds the highest position. Explain the situation in the email.

Handling Managerial Conflicts

I apologize, but you have not mentioned the reason why your manager is so annoyed with you. If you are wrongly accused of something and the situation is just an afterthought, you should report it to the higher management. Only if you do not receive a response from the higher management should you file a complaint with the inspector, attaching all the emails to support your claim that you have exhausted all available options to resolve the issue.

Entitlement to Retrenchment Compensation

Additionally, if you have completed one year at the company, you are entitled to retrenchment compensation as per the Industrial Disputes Act. This entitlement depends on whether you are classified as a "workman" under the act, which is determined by your designation and work profile.

Consider your options carefully and take appropriate action. Feel free to reach out if you have any further queries.

Thank you.

I am overwhelmed by your support. Thank you a million. First of all, my boss is the only one with whom I have discussed all these matters so far. I also have a voice recording in case it's needed as evidence.

It's a conspiracy against me. The reason for my termination is that the company is an exhibition stall design company, and I work here as a 3D designer. My boss started an interior company side by side in the same office/room. He appointed a new guy who is an interior designer and can also do 3D design. I don't know interior design, so after 11 months of hard work, I became useless. Maybe he started interviewing someone new one or two months ago.

He has been repeatedly shouting and abusing me over small mistakes since then. Perhaps he wants me to leave on my own so that he can claim the money. However, I haven't left because I haven't found a new job yet.

Now, I just want my salary without any legal complications because he is a member of BNI, Kolkata. (I am a little bit afraid.)

My boss is not giving me a termination letter; he wants me to submit a resignation letter.

Question About Legal Rights

My question is, if I go to the labor inspector and don't have any written evidence (I have a recorded conversation with my boss on this matter, which clarifies everything) that my company sacked me and I didn't leave the company, can the company make me pay for the money or notice period?

Could you please provide me with a step-by-step guideline on how to proceed?

Eagerly awaiting your reply.

Thanks and regards,

Biswajit Chakraborty

Dear Biswajit,

Recording is good evidence, and I would have advised you to take the recording to the labor inspector and file a case of non-payment of wages under the Payment of Wages Act. However, since you have already found another job, why don't you resign? In that case, you will receive your salary automatically. If they claim that you did not serve notice, simply play the recording for them. This could be a solution to your problem. You go your way, they go theirs.

Thank you for your kind suggestion.

I have submitted my resignation letter. However, they now do not want to accept my resignation; instead, they are insisting on me serving the notice period. They have also recommended that I seek advice from a lawyer. Could you please clarify which takes precedence according to labor law: the notice or the resignation?

A friend of mine suggested that I should first file a general diary at the local police station and then approach the labor inspector. Do you think this course of action would be beneficial?

Your guidance on this matter would be greatly appreciated.

Regards,
Biswajit Chakraborty