Stuck with a Company Laptop: Can You Sell It if They Won't Pay Your Salary?

The company that my friend is working in has cut 50% of his April salary without prior intimation and also announced furloughs informally (refusing to email employees) from May onwards. He resigned after two months of unpaid leave in June and received his last working date after one month (without salary) in July. He doesn't have the Appointment Letter, communication of salary deduction, or details about unpaid leave; he only has the company's laptop.

The company has been sending out strongly worded emails asking him to submit the laptop and some drawer keys, but is refusing to pay the pending salary (including incentives). He has informed them that he will not return the assets until he receives his salary, but there has been no response from their end. They are also withholding any notice period dues. After his previously communicated last date passed, they changed his last date to immediate relieving, i.e., June itself.

Regarding the laptop

He does not need it but urgently requires his money. Can he email them again, giving them a three-day notice, and proceed to sell the laptop?

Please advise on the best course of action.

Resolution Steps for Unpaid Salary and Company Laptop in Mumbai, India

In this situation, it's crucial to address the issue of unpaid salary and the possession of the company laptop effectively. Here are practical steps your friend can take:

🚨 Review Labor Laws: Verify the relevant labor laws in Mumbai, India, regarding unpaid salaries, notice periods, and company assets. Understanding legal rights is essential before taking any action.

🔍 Formal Written Communication: Send a formal email to the company, clearly stating the situation. Request the pending salary, notice period dues, and any other outstanding incentives in writing. Include a reasonable timeline for response.

🛡️ Handling the Company Laptop: Since your friend no longer requires the laptop and is owed significant salary dues, he can follow these steps:
1. 📩 Email Ultimatum: Give a final 3-day notice via email, indicating the intention to sell the laptop if the pending salary remains unpaid.
2. 🛡️ Secure Data: Ensure all personal data is removed from the laptop before taking any further action.
3. 💶 Selling the Laptop: If the company fails to respond or settle the salary, your friend can proceed to sell the laptop to recover part of the owed amount.

📝 Document Everything: Keep records of all communications, emails, and actions taken regarding the salary dispute and the laptop.

🔎 Seek Legal Advice: If the company continues to be unresponsive or disputes the action taken, consider consulting with a legal professional specializing in labor laws for guidance on your rights and next steps.

Taking these steps can help your friend address the issue of unpaid salary while handling the company laptop appropriately in accordance with the legal framework in Mumbai, India.