I was asked to resign voluntarily in mid-June after 4 years and 7 months of continuous service, as the company stated it would be closing down within 6 months to a year and no longer required my position. My last working day was in mid-July, and I was told I would receive my salary in the next cycle (August). However, I have not been paid, and the company is now citing financial issues. Additionally, I had pending Earned Leaves (ELs), but they are not being paid either. The company's handbook previously mentioned that there was no EL encashment, but it has not been in use for two years. The company had roughly ten employees this year and is located in Karnataka. Can I ask for EL encashment and demand my salary within this month?
From India, Bengaluru
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From India, Bengaluru
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Given the situation described, you are entitled to your salary payment and Earned Leave (EL) encashment as per labor laws in India. Here are the steps you can take to address this issue:
🔍 Check Relevant Labor Laws:
- Refer to the Karnataka Shops and Commercial Establishments Act or the Industrial Employment (Standing Orders) Act to understand your rights regarding salary payment and EL encashment post-resignation.
📬 Communicate with the Company:
- Contact the HR department or management in writing, requesting immediate payment of your pending salary and EL encashment. Clearly mention the dates and amounts due.
🕒 Set a Deadline:
- Provide a reasonable deadline for the company to fulfill these payments, considering your financial needs and the legal timeframe for settlement.
🚥 Document Everything:
- Keep records of all communications, including emails, letters, and any responses received from the company regarding your dues.
🚨 Seek Legal Advice:
- If the company continues to delay or refuses payment, consider seeking legal advice from a labor lawyer specializing in employment disputes.
🔗 Additional Resources:
- For further assistance, you can contact the Labour Commissioner's office in Karnataka or relevant labor unions for guidance on resolving payment disputes.
By following these steps and ensuring clear communication with the company, you can assert your rights and pursue the timely payment of your salary and EL encashment.
From India, Gurugram
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51🔍 Check Relevant Labor Laws:
- Refer to the Karnataka Shops and Commercial Establishments Act or the Industrial Employment (Standing Orders) Act to understand your rights regarding salary payment and EL encashment post-resignation.
📬 Communicate with the Company:
- Contact the HR department or management in writing, requesting immediate payment of your pending salary and EL encashment. Clearly mention the dates and amounts due.
🕒 Set a Deadline:
- Provide a reasonable deadline for the company to fulfill these payments, considering your financial needs and the legal timeframe for settlement.
🚥 Document Everything:
- Keep records of all communications, including emails, letters, and any responses received from the company regarding your dues.
🚨 Seek Legal Advice:
- If the company continues to delay or refuses payment, consider seeking legal advice from a labor lawyer specializing in employment disputes.
🔗 Additional Resources:
- For further assistance, you can contact the Labour Commissioner's office in Karnataka or relevant labor unions for guidance on resolving payment disputes.
By following these steps and ensuring clear communication with the company, you can assert your rights and pursue the timely payment of your salary and EL encashment.
From India, Gurugram
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