How Can I Get My Unpaid Salaries from My Previous Employer After Serving Notice?

VinayAggarwal
I worked for my previous company from January 2016 to November 30. They didn't give me salaries on time from the start; sometimes it was mid-month or the next month. From August to November, they have only given one salary, so three months' salaries are left. I submitted my resignation on November 7, and according to my offer letter, I had to serve a notice period of 15 days, which I completed. However, at that time, HR did not respond to my email. After some issues, they finally agreed. On November 30, HR sent an acceptance email stating:

"This is in reference to your letter of resignation submitted on November 10, 2016. We wish to inform you that your resignation has been accepted by the organization, and your last day of work will be November 30, 2016.

Your resignation letter has been forwarded to the concerned departments for processing any dues. Only upon receiving no dues from all the department heads, your exit formalities will be completed.

Kindly note that until the no dues are received from all department heads, you are still liable to the Company.

It has been a pleasure having you as one of our employees, and we wish you success in your future undertakings."

They take 45 days for Full and Final Settlement, which has passed. Now, when I called HR, she informed me that they will only provide relieving, not salaries, as I did not complete my notice period. I explained that I had already served it, but she denied it and said it would be counted from the day of acceptance. What should I do?
Labour Law Index
See irrespective of what they say or mail, they have violated many labor laws as well as your contract. You can take the following steps:

1) Payment of Wages Act
2) Factories Act
3) Shops and Establishment Act
4) Indian Contract Act

Since these laws are violated, you can simply contact the area labor inspector, and they will register a complaint and contact your company with a notice. Additionally, you can easily file a civil suit and ask for dues, damages, and compensation.
riteshmaity
First, demand your outstanding salary in writing and send it through registered post. Wait for a few days. Thereafter, you may approach the appropriate legal forums depending on your nature of employment, salary, type of company, etc., to recover the outstanding wages legally. Whatever the HR says is immaterial in front of the statutes.
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