Missing Salary and Benefits: What Legal Steps Can I Take Before Resigning?

Currently, I am working in a Limited Company in Delhi, and my basic salary is 18,500 Rupees per month. After the deduction of ESI - 139 Rupees and PF - 1,800 Rupees, I receive a net salary of 16,561 Rupees.

In my salary structure, there is mention of a variable amount of 2,000 Rupees per month that I have not received from October 2020 to February 2023. I kindly request you to check and advise me on what steps I can take regarding this matter.

PLB @ 100% Payout
Additionally, the mention of PLB @ 100% Payout with the condition of eligibility - Employee should be active and not serving the notice period at the time of disbursement of PLB. However, I have not found any information about this in the HR policy or the Separation Policy.

I would like to understand what legal actions I can take and what I am entitled to receive in Full and Final if I decide to resign at the end of April 2023.

Hi Ashish-Chaturvedi, currently, you are an active employee and have not submitted your resignation. You have not approached your HR, and your employer has not denied anything. So, why are you talking about legal action as a last resort?

Firstly, discuss with your HR and inquire about any doubts regarding variable pay and PLB amounts. Do not disclose that you are planning to resign. Clarify things, and if your employer denies your benefits, then come and share it here.

As an individual, when considering legal action, remember that the employer who has invested a lot of money will also think carefully. Stay positive and always strive for an amicable resolution rather than complicating matters.

HR says to submit my resignation by the end of this month, serving a 30-day notice period. I talked to them about what I could receive after resigning. They mentioned that the March 2023 salary or the 30-day notice period salary, along with earned leave (EL) pay, will be given only after 45 days from my last working day.

For cost-cutting purposes, they randomly select employees every closing year. They terminate employees and rehire them after two months with a new ID to avoid paying gratuity or other costs.