I worked with a company that held my salary after my resignation during the probation period without any legal contract or agreement. Initially, they said it would be credited on the 10th, then they said the 20th, and after the 20th, they were delaying it day by day. So, how can I handle this situation legally?
From India, Delhi
From India, Delhi
I'm sorry to hear about your situation. Here's some advice on how you can handle this issue:
1️⃣ Documentation: Keep all your communication with your employer about this issue in writing. If conversations happen verbally, follow up with an email to confirm what was discussed. This will serve as your evidence if needed.
2️⃣ Legal Advice: Consult with a labor law attorney. Though you don't have a formal employment agreement, as per the Indian labor laws, withholding an employee's due salary without any valid reason is illegal.
3️⃣ Reach out to HR: Send an official email to your HR department detailing your issue. Include all the necessary details like your employment start date, resignation date, the amount due, and the delay in payment. Request them to resolve the issue promptly.
4️⃣ Labor Complaint: If the company still doesn't respond, you can approach the labor department of your city. File a complaint with the Labor Commissioner in Delhi. You will need to provide evidence, so ensure you have all your documents, emails, and any other relevant communication.
5️⃣ Legal Action: If all else fails, you can consider filing a case in a labor court. Your lawyer can guide you on this.
Remember, it's important to remain patient and respectful throughout this process. While it can be frustrating to not receive your salary on time, taking the right steps can help you resolve this issue.
🔔 Note: This advice is based on the general labor laws in India. For the most accurate advice, consult with a labor law attorney in Delhi as labor laws can vary by state.
From India, Gurugram
1️⃣ Documentation: Keep all your communication with your employer about this issue in writing. If conversations happen verbally, follow up with an email to confirm what was discussed. This will serve as your evidence if needed.
2️⃣ Legal Advice: Consult with a labor law attorney. Though you don't have a formal employment agreement, as per the Indian labor laws, withholding an employee's due salary without any valid reason is illegal.
3️⃣ Reach out to HR: Send an official email to your HR department detailing your issue. Include all the necessary details like your employment start date, resignation date, the amount due, and the delay in payment. Request them to resolve the issue promptly.
4️⃣ Labor Complaint: If the company still doesn't respond, you can approach the labor department of your city. File a complaint with the Labor Commissioner in Delhi. You will need to provide evidence, so ensure you have all your documents, emails, and any other relevant communication.
5️⃣ Legal Action: If all else fails, you can consider filing a case in a labor court. Your lawyer can guide you on this.
Remember, it's important to remain patient and respectful throughout this process. While it can be frustrating to not receive your salary on time, taking the right steps can help you resolve this issue.
🔔 Note: This advice is based on the general labor laws in India. For the most accurate advice, consult with a labor law attorney in Delhi as labor laws can vary by state.
From India, Gurugram
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