Dear Members,
I would like to get your opinions on the following case:
A. Salary pending for the last three months.
B. Salary account not opened; salary given through a cheque.
C. In the case of resignation, HR is not clear on when they will provide the Final Settlement, with the letter stating it may be in a year or so.
Now, I want to know what the best way or alternative would be to recover pending dues/salary/settlement letter within a month's time. I would also like to know if moving to the labor court in this case would be helpful.
Thanks
From India, Mumbai
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I would like to get your opinions on the following case:
A. Salary pending for the last three months.
B. Salary account not opened; salary given through a cheque.
C. In the case of resignation, HR is not clear on when they will provide the Final Settlement, with the letter stating it may be in a year or so.
Now, I want to know what the best way or alternative would be to recover pending dues/salary/settlement letter within a month's time. I would also like to know if moving to the labor court in this case would be helpful.
Thanks
From India, Mumbai
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If three months' salary is pending, you can raise it as an industrial dispute under the Payment of Wages Act. If final settlement is not made, the same is partially a matter connected with non-payment of salary due and partially a dispute coming under the Industrial Disputes Act. Both these issues can be redressed through conciliation, not necessarily through the Labour Court. You can ask the HR to settle the amount, failing which you have to file a complaint before the District Labour Officer for intervention.
Regards,
Madhu. T. K
From India, Kannur
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4526Regards,
Madhu. T. K
From India, Kannur
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Full n final settlement.doc
Salary slip final.xls