I Pointed Out Their Ill Treatment - They Replied Resignation Accepted And Forced Me Out And Last Month Salary Not Paid!

Hi friends,

Can anyone please advise me on getting my last month's salary from my past employer?

I joined a company in Pune on 06-Oct-16 with a take-home of 30k a month under a one-year bond agreement or Rs 25,000 for breaking the bond.

Apart from that, they emailed me a document and asked me to accept it. In that document, they mentioned that they would not pay the last month's salary if I were terminated by them before 3 months.

Since my date of joining (DOJ), I noticed they frequently use vernacular words like "Stupid," "Bullshit," "bloody," and lack respect for employees in their emails.

I received my first-month salary on 30-Oct (for working days till 24-Oct) and continued my employment. However, on 21-Nov, I received another such email from my reporting person.

I have attached three such emails from different persons (GM, MD, and MD) and advised them that "Everyone Deserves Dignity." In response, they informed me that my resignation was accepted. The HR personnel in the office insisted that I leave immediately, and upon my request to see the agreement I signed, the HR showed me a document stating "employee terminated no liabilities," which they retained.

Today is my salary date, and I have not received it.

1) I did not resign from my job.
2) I was highlighting their communication errors and requesting corrections.
3) They abruptly acknowledged my resignation and compelled me to leave on my last working day.
4) They are now withholding my last month's salary.

Kindly assist me.

Thanks to all!

If I am not clear in my query, please mention the details required, and I will provide further information. Thanks!

Sure! Here is the corrected and properly formatted text:

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See, there can be many things done:

1) File a Civil Case against the organization for Tort of Defamation or Slander. They use such words against you with an intention to defame. Although you cannot file a FIR as this will be a very weak case of Criminal Defamation under the Indian Penal Code. So file a civil case.

2) File a Civil Case for Breach of Contract. They have put an end to your employment without reasonable grounds.

3) As your salary suggests you were in somewhat of a managerial post. Also, your employment was not old, so the labor department cannot help you much under the Payment of Wages Act or Shops and Establishment Act. But see if you were eligible for PF, whether they submitted your contribution. If not, you can approach the PF department. Check the eligibility for PF and ESI on the website below.

4) Another way is to file a criminal case against your company for cheating. This is a long shot but works. Your wages are your property, and they showed their intention not to pay. So they have wrongful gain, and you suffer wrongful loss.

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Thank you very much, sir/madam. Your suggestion was a little comforting. I will put in more effort and provide an update here.

Sir, even though I was paid 30k, they gave me the designation only as an "Accounts Executive" because it was the same as in my previous employment.

Dear Sir,

My name is Manoj. My salary is 4000 per month. I agreed to no deductions from my salary for any leaves, only for Sundays. I work all days and do not take any leaves. When I requested leave from the Managing Director, it was not approved.

Thank you.