I am resigning from my old company with proper documentation and all necessary approvals, and I have sent it to HR. However, it has been around 5 months, and I have not received my salary for 2 months. When I contacted my old HR, she informed me that the company does not have the funds to pay the salary. Please help me with what I can do in this case.
From India, Aurangabad
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From India, Aurangabad
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Subject: Salary
When you send your resignation letter after following the rules regarding notice, etc., the company either has to accept it or, if it is not accepting it, it should communicate to you the reasons for refusal. It has not done either. It is also not paying salary for the period you rendered service.
You can send a final letter calling upon your employer to settle all your dues admissible under the law. Failing which, you are free to pursue legal remedies to recover the same. If you are a workman under the Industrial Disputes Act 1947 or covered under the Payment of Wages Act 1936, you can file an application before the appropriate authorities under one of the respective Acts for the recovery of the monies due from the employer.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai.
From India, Mumbai
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57When you send your resignation letter after following the rules regarding notice, etc., the company either has to accept it or, if it is not accepting it, it should communicate to you the reasons for refusal. It has not done either. It is also not paying salary for the period you rendered service.
You can send a final letter calling upon your employer to settle all your dues admissible under the law. Failing which, you are free to pursue legal remedies to recover the same. If you are a workman under the Industrial Disputes Act 1947 or covered under the Payment of Wages Act 1936, you can file an application before the appropriate authorities under one of the respective Acts for the recovery of the monies due from the employer.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai.
From India, Mumbai
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Sir, Thank you for your suggesion but they send me exit form with accepatanse they send me reliving letter with proper sign and all but still they where not done final settelment.
From India, Aurangabad
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From India, Aurangabad
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Good luck to you. What are you waiting for? Send a registered letter with acknowledgment due, seeking the arrears and final settlement of dues. Also, send a copy by ordinary post and one by e-mail with a notice of 15 days or one month. Keep records of all these, and after a month or so, hand them over to an advocate; he will do the rest.
Regards,
Kumar S.
From India, Bangalore
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Regards,
Kumar S.
From India, Bangalore
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Thank you, Mr. Kumar, for guiding me. As per your and Mr. Sai's guidance, I have sent an email to HR, Senior HR, and my old manager regarding the legal activity. Please guide me on how to send a notice to the company, whether through an advocate or directly.
From India, Aurangabad
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From India, Aurangabad
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Hi,yes i plan for go in labor court but i dont know about procedure how to interact with them
From India, Aurangabad
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From India, Aurangabad
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Salary-Note.doc
SALARY SHEET CALCULATION.xls