Facing Salary Reversal and Resignation Confusion: What Legal Steps Can I Take?

Salary Reversal and Resignation Issue

My company transferred my salary into my salary account on 11th September 2017. The very next day, on 12th September 2017 in the morning around 9 AM, I sent an email to my employer regarding my resignation. At about 9:30, they reverted my salary without giving me any reason. At that time, I was unaware of this and went to the office as usual to do my job. In the office, I had a meeting with the company owner about my resignation. They told me that my resignation is on hold for some time and they will confirm it soon. After some time, they emailed me:

Hello,
Greetings!
As per discussion, you agreed to take the resignation back.
Thank you

I never agreed to take my resignation back, and I was unaware of this email. Unaware of this act, I went back to my work, but in the evening, when I tried to withdraw money from the salary account, the transaction got declined. I called the bank customer care, and they told me that it was reversed back to my company. I had no cash at that time, so it made me walk home (around 4 km). On reaching home, I tried calling my employer regarding this, but he ignored my calls.

On 13th September in the morning, I again tried calling my employer to clear the issue, but again, he ignored my calls. After that, I sent an email to the company asking them the reason why my salary was reversed, and I mentioned that I am having a fever and am out of money, so I can't come to the office to discuss the same. The company official responded with an email:

Hello,
Just to let you know, we reverted the salary as it was wrongly calculated, and hence we are trying to figure out the accurate figure of the salary.
Regarding your resignation, just to let you know, as per the company policy, no one is allowed to take leave in the notice period, and in case of taking leave in the notice period, it leads to a breach of the resignation policy and notice period.
We will try to sort out the salary of the last month; it will be sorted out soon, most probably today.

After that, I responded with this email:

Hello sir,
Thanks for the clarification regarding the salary issue.
Also, I was told yesterday that my resignation is on hold, and the company itself notified me by email yesterday that my resignation is not accepted. In that case, how is it possible that my notice period has started or I am in the notice period?
I hope the salary issue will be sorted out today since I am in great need.

After that, they didn't send me any email, no call from their side, and have not paid my salary for the last month yet.

What legal action can I take for this trouble and how?
Any help would be appreciated.
Thanks

Dear Jatin Rana,

In what capacity were you working - as an employee in the cadre of a workman, supervisor/officer, or manager? The episode you described is indicative of the unscrupulous character of your employer. Anyways, make a complaint to the area labor officer immediately.

Employer's Tactics and Next Steps

That was a masterstroke, by the way, from the employer. Your example may serve as a great lesson for others who want to quit their job as soon as they receive their salary. However, you made a mistake by not withdrawing the money first. First, go to your bank and file a written complaint asking where your salary went after being credited to your account. Even if it was credited back to the salary account of your company, how could the bank debit the money from your account without your consent?

First, do that. Also, ask the bank manager for an explanation, or else you have no choice but to lodge a police complaint for fraud. The bank will then issue you a letter stating that, according to your employer, it was an erroneous entry and asking to revert the entry. Take that letter as you will need it to file a case against the employer if they don't pay you.

Serving the Notice Period

Also, now you have no choice but to serve the notice period and get your full and final settlement. The employer did this because they were sure that you would abscond after receiving your salary, or perhaps this was their perception. Now, serve the notice period, get your FnF, or be prepared to file a case in a court of law because your employer seems determined. Seek some advice from seniors as well.

Clarification on Resignation and Salary Issues

I wanted to address the recent situation regarding my resignation and salary. I had clearly stated in my resignation letter that I would serve the full 1-month notice period as per company policy, so there is no reason to assume I would leave prematurely. I also had a meeting before this issue where I confirmed my commitment to the notice period. Additionally, the salary in question was for the previous month, for which I have already worked. Legally, there is no justification for withholding my earned salary. Employees have the right to pursue any type of work they choose. After I mentioned potential legal action, my salary was transferred yesterday. Thank you for your suggestion.

Great. Congratulations on receiving your salary. Believe me, the legal way was the only option if they wouldn't have paid the salary. Now, since they have paid the salary, we can attribute the issue to a communication gap.

I agree with Jatin Rana; the employer took an illegal action, and the bank is also at fault. When your employer credited your salary, the bank must have sent you an SMS. However, when they reverted your salary without asking or informing you, it was an illegal act. Please check with the bank and take action against the bank as well.

Warm regards,

Bharat Gera
HR Consultant