Hi,
Can anybody suggest what to do if an employee resigns from a company, and the company asks the employee to wait for 45 days for the full and final process? After completing this period, almost 3 months have passed since the resignation. However, the company is now refusing to clear the employee's pending salary and is making various excuses to delay the transfer of the salary amount. How can an employee claim the pending salary? Please advise.
From India, Bengaluru
Acknowledge(0)
Amend(0)
Can anybody suggest what to do if an employee resigns from a company, and the company asks the employee to wait for 45 days for the full and final process? After completing this period, almost 3 months have passed since the resignation. However, the company is now refusing to clear the employee's pending salary and is making various excuses to delay the transfer of the salary amount. How can an employee claim the pending salary? Please advise.
From India, Bengaluru
Acknowledge(0)Amend(0)
Salary cannot be withheld and generally should be paid between the 7th and 10th of each month; otherwise, such a delay may attract interest and fines.
Please provide a breakup of your full and final settlement for better advice.
If your salary is outstanding, you may send a notice or legal notice before approaching any legal forum for recovery of the same.
From India, Kolkata
Acknowledge(0)Amend(0)
247Please provide a breakup of your full and final settlement for better advice.
If your salary is outstanding, you may send a notice or legal notice before approaching any legal forum for recovery of the same.
From India, Kolkata
Acknowledge(0)Amend(0)
The employee gave a written resignation in December 2016. The employer asked to wait for 45 days, stating that nothing could be done before that time. It has now been almost three months, and in February 2017, the employee also submitted a no-due clearance. However, the employer is now making excuses, claiming that their Chartered Accountant (CA) is unavailable and too busy. If the owner is willing to clear the employee's salary, they can instruct the CA accordingly. Please advise on what else is pending from the CA's side.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Yes, but when an employee has cleared all dues, then the employer gives them a termination letter. I think when a company terminates an employee without serving any notice period, the employee can claim three months' salary. Is this correct?
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Yes, but when an employee has cleared all dues, then the employer gives them a termination letter. I think when a company terminates an employee without giving any notice period, the employee can claim 3 months' salary. Is that correct?
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Post-Resignation Dues and Settlement
After resigning, some employers clear the payment within a month, while others delay it. There is no fixed time limit for releasing the full and final settlement payout, but 30 to 45 days is considered reasonable.
Legal Actions for Delayed Payments
You can send a legal notice claiming interest for the delayed payment along with the principal amount. If you fall into the workmen category according to Section 2(s) of the Industrial Disputes Act, you can raise an industrial dispute before the Conciliation Officer of the area (Labour Department).
From India, Thane
Acknowledge(0)Amend(0)
After resigning, some employers clear the payment within a month, while others delay it. There is no fixed time limit for releasing the full and final settlement payout, but 30 to 45 days is considered reasonable.
Legal Actions for Delayed Payments
You can send a legal notice claiming interest for the delayed payment along with the principal amount. If you fall into the workmen category according to Section 2(s) of the Industrial Disputes Act, you can raise an industrial dispute before the Conciliation Officer of the area (Labour Department).
From India, Thane
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Full n final settlement.doc