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Hi, I was working with a tax company back in Hyderabad. The company did not pay 40% of the last few months' salary for 7-8 months. After that, I resigned from the company. Now, I am trying to recover my money, but no one is responding, including the CEO/owner. Please suggest how to get my money from them. Is there any legal action I can take against them? Thanks.
From New Zealand, Auckland
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Hello kunal777in,

While you mentioned what the problem is (company did not pay 40% of the last few months' salary), you haven't mentioned the reasons. Obviously, there must be very valid reasons for this action from the company's perspective—whether right or wrong isn't the issue. What reasons did they give for this action?

Unless you provide the full details, how do you expect to receive the right advice? If you want to pursue legal action, I am certain the knowledgeable forum members will advise you on how to proceed. However, if legal action is the appropriate step for your problem, remember that you will face the consequences, not the members who offered advice in good faith.

Regards,
TS

From India, Hyderabad
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Dear Kunal,

What is the reason your company is not able to pay you 40% of your salary? How have you accepted the lesser salary for a few months, and what is the reply given by your HR or concerned personnel who disburse the salary? How is your relationship with the management? Have you properly resigned and been relieved?

Unless you furnish all the details, we are not able to guide you.

Regards,
LK

From India, Madras
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Hi,

One of my friends worked for a Micro Finance company as a Finance manager. They were only paying 70% of his salary every month. Since it was a startup company, the management mentioned that the remaining amount could be paid quarterly. Unfortunately, due to the problems in the microfinance industry, they were unable to survive as the management expected. Consequently, the management downsized the manpower and informed them a day before that they need not come to the office from tomorrow as they were planning to cease the business.

He demanded two months' salary, but the management neither paid his remaining salary nor the two months' salary as he requested.

Please suggest how he can get his salary.

Thanks & Regards,
Jyothi.

From India, Hyderabad
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Either you can take legal actions or you can file a complaint online with the consumer forum/consumer court on www.consumercourt.in.
From India, Delhi
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Hi,

Irrespective of the reason, if the company is not paying salary, please send three reminder letters to the company via registered post with AD. Keep all signed AD copies safe and contact me for legal actions if you are in Hyderabad. Remember, you can't claim if it's been more than 3 years.

Regards

From India, Hyderabad
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Dear Kunal,

You should know why the amount has been deducted. Justify the deduction with your seniors using relevant data. If you believe you are entitled to claim the amount, please send a request letter to release the balance payment or arrears. Send these letters through registered post at regular intervals of 4-5 days (at least 3 letters). If there is no response, you can approach the local labor office.

Regards,
Sundar

From India, Bangalore
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Hi,

You should file an application directly to the Labour Court under section 33 C (2) of the Industrial Disputes Act, 1947, if the nature of your job is manual, skilled, unskilled, technical, clerical, or operational. Otherwise, approach the Civil Court. No other authority or court has jurisdiction in this matter.

Shrikant Malegaonkar
9422322225

From India, Pune
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Kunal/Swarna,

The first mistake is from your end. You should have escalated things when you were not getting the full salary. Anyhow, the best way to get your remaining salary is to file a case in the Labour court. They will send a notice to the company, but make sure you have the paper proof for your employment, salary, and clearance of your salary. There are lots of labour unions working in favor of employees. Just consult with them, and they will help you out.

Rajesh J Manager HR

From India, Gurgaon
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Dear Kunal, Just send them a 3 reminder letters(registered post only) still if no reply comes then please go ahead legaly. Regards PN
From India, Calcutta
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Hi All,

First of all, thanks to everyone for contributing and helping me this much.

Background - I joined the company in HYD in December 2007. They said that the first three months are probation, and you will be paid 60% of the salary during that period, with the remaining 40% to be paid after the completion of three months. Initially, the company did not pay this remaining amount on time and paid it in the month of August 2008, but in parts and not as a lump sum.

Then, in October 2008, they posted a notice on the notice board stating that from October 2008, everyone would be paid 60% of their salary, and the remaining amount would be paid in April 2009. I submitted my resignation in March 2009 and worked until May 2009 as per the two-month notice period.

When they issued me the relieving letter, they mentioned that the money would be paid in the next pay cycle. HOWEVER, I HAVE NOT RECEIVED ANY MONEY TO DATE.
I have visited them multiple times to discuss this, but they keep saying "next month, next month."

I am currently not in HYD, and I am communicating with them via email. However, there has been no response to my emails.

From New Zealand, Auckland
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Dear All,

Even I faced the same problem. I was working with a recruitment consultancy in Chennai. They never paid the salary on time, and they didn't give the confirmation after the probation. There were no CL/EL/SL for any employee. They run this consultancy under the shop act. We all employees quit from there, and we have not received our last month's salary. Every one of us faced this problem. I have a proper relieving letter and bank details for the salary credited. I have already sent a legal notice, but still no response from them. Instead, they threaten that they know someone from the crime department so that none of us can do anything to them.

Please advise me on this.

Regards, Godwin SR

From India, Madras
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Hi all,

Thank you for your help so far. As requested by many members, I have provided a brief background about the whole situation. I kindly request your valuable input to help me recover my money.

Thanks and I look forward to your cooperation.

From New Zealand, Auckland
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Salary dues are never barred by limitations. Salary can be claimed any time. Even after 3 years.
From India, Chandigarh
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