Employer Withholding My Salary After Resignation: How Can I Resolve This Issue?

Hi, I am Dinesh Gupta. I worked at Jeevana Care Private Limited for 7 months. Due to some reasons, I resigned from my position with one month's prior notice to the company. However, they are withholding my salaries for December 2016 and January 2017. Despite my repeated requests to their HR department, they have informed me that they do not have the funds available for payment. Interestingly, they continue to pay their current employees on time but have failed to deposit the PF amount to the government. In each instance, they claim to be lacking funds and cite this as the reason for the delay in releasing my pending salaries. I'm at a loss on how to proceed in this situation. Your guidance would be greatly appreciated.

Thank you,
Dinesh Gupta
[Phone Number Removed For Privacy Reasons]

Salary Payment and Legal Actions

Salary is to be paid between the 7th and 10th day of each month, and any violation thereof attracts a penalty and interest. Since you are owed two months' salary, please send a demand letter or legal notice via registered or speed post, giving them a week's time. If the company does not settle the outstanding dues, you may need to approach the appropriate authority based on your work nature, company type, workforce, salary amount, etc.

Handling Non-Depositing of PF

For non-depositing of PF, you can simply lodge a written complaint with the PF authority office. Deducting the PF amount from the salary but failing to deposit it is considered a very serious offense.

Regards