Facing Salary Delays and Unfair Treatment at Work: How Should I Handle This Situation?

Hi, I worked in a sole proprietorship start-up as a financial analyst since 7 March 2022. My remuneration was 45,000 per month, which was paid from April to July 2022. For two months, August and September, my employer and founder of the company, on the day of salary release, said that due to foreign remittance, our salary would be delayed by a week. That delay continued for two months, and I was being paid in parts, small amounts. Then again for October and November, the salary was fine, but in December, he started delaying the salary, mentioning a 1-2 day delay but extending it to a few weeks. Out of six employees, three were paid in full, while three, including me, were not.

The salary for December was paid in installments by 16 January 2023, that too after continuous follow-ups. When I asked about the discrimination of salary payment and delay, my employer, who is clearly an egoist, asked me to resign. He then kept texting me, sometimes asking me to leave abruptly and sometimes asking me to continue till the end of January. Now, after many discussions, he removed me from a common official WhatsApp group, informing other employees that I had been removed, and then asked me personally to work on the remaining tasks. He has not given me any notice period and is also denying the salary for the 16 days of work that I completed.

Please advise me on what to do.

Dear Anubha, You can approach your HR for the same. First, talk to them and express your points. If they are unable to resolve the issue, you can file a complaint through the online portal.

This looks like a hopeless situation, and you are better advised to move on. Since it is a sole proprietorship firm, there is nobody to whom you can complain, as he himself is the fountainhead of all problems. It is not likely that he will improve, and the delayed salary, pestering the people, and all this have become the style. Probably, you can send a final letter seeking payment of all dues (send your calculation) by a definite time. Failing this, you will expose them on social media and elsewhere.

If this firm issues you an appointment letter, there must be a clause regarding the notice period. Do not accept the final settlement without ensuring payment for the notice period in full. Given the firm's irregularity with salary payments, they may delay the full and final settlement by providing various reasons. Make sure to collect all your dues on the last day of your work, as the employer will determine the final day by giving you notice.

The full and final settlement
The full and final settlement includes your pending salary, payment for the notice period, and payment for earned leaves.

Regards, Rahul Bhat