Employer Withholding Salary Due to Incomplete Work: How Can I Resolve This Issue?

Resigned with a month and a half's notice and attended after the notice period for another month and a half to complete the notice period as stated in the Appointment Letter. Work was not done as the Auditor's team (while the Auditor CA remains the same) changed three times, asking for the same workings repeatedly in different formats. The audit is not complete even six months after leaving the organization. A complete handover was given, and I still answered queries and went to their office five times after joining somewhere else.

Two months' salary (55k * 2) has not been received. What can be done here? Am I still in the wrong as the work is still not complete? The work was the filing of the Balance Sheet, which is still not filed six months after leaving the organization.

What to do?

Hi Partner, I understand that the appointment letter stated a 3-month notice period, which you have served, but the salary for 2 months has not been paid, citing reasons that the work is not complete. Going merely by the points you have presented here, no self-respecting employer would stoop to such tactics. So, it may be better to proceed with legal action so that the employer's version can be heard as well before a presiding authority.

Employers should not stop salaries in the situation mentioned by you. There is no other alternative except to take legal action.

Speaking from a technical point of view, your employment and salary are not linked to completing the work. The employer can only withhold payment if you were not fulfilling your work duties or were absent, etc. I am surprised that you actually went back and helped them for many months even when you didn't receive your salary.

Taking Legal Action
Taking legal action to recover your salary is an expensive exercise. However, do consult with a labor lawyer to explore your options. Next time they request your assistance, consider asking for your salary as a precondition to providing any help or responding to a query.

Appreciate your replies. I was the Accounts Head of this company. I am very wary of legal action against someone for whom I have worked for quite some time. As per my information, as of today, the work that was pending by me is still pending. Finalization of Accounts for filing of IT Returns was done by me. I am not a CA. I cannot finalize the Audit Report. Literally, I am not authorized by law to do that. Now, even after the IT Return had been filed back in December, the Audit Report is still not complete even in September of the next year and after my leaving the organization for more than 6 months. I do not know why the Auditor is taking his sweet time or if he is just incompetent.

Another thought is that these people are lying to me. However, there was a call to me on the 20th of September 2022 when I clearly stated that I will not be answering any queries until my dues are released in full.

I would like to approach a proper Labor Lawyer/Consultant from Mumbai.