Dear Sir,
I was working with a private company, and the company did not give me the salary for November and December 2013. I resigned in January 2014. Currently, the company has not paid any employee salary after October. I am seeking guidance on how to proceed to claim my salary promptly. How can I apply pressure to ensure the immediate release of my salary? What legal actions can I take?
Thank you.
From India, Mumbai
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I was working with a private company, and the company did not give me the salary for November and December 2013. I resigned in January 2014. Currently, the company has not paid any employee salary after October. I am seeking guidance on how to proceed to claim my salary promptly. How can I apply pressure to ensure the immediate release of my salary? What legal actions can I take?
Thank you.
From India, Mumbai
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Dear Vivek,
I think that as long as there is no dispute with your employer, I would suggest that you start communicating with the company to request full and final settlement via email. Allow them to reply - they may respond positively or negatively. If you receive a negative reply, try to understand the reason behind it.
Afterward, please share the reason or brief us on the case so that members can provide you with better advice on how to proceed.
Regards,
Tushar Swar
From India, Mumbai
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208I think that as long as there is no dispute with your employer, I would suggest that you start communicating with the company to request full and final settlement via email. Allow them to reply - they may respond positively or negatively. If you receive a negative reply, try to understand the reason behind it.
Afterward, please share the reason or brief us on the case so that members can provide you with better advice on how to proceed.
Regards,
Tushar Swar
From India, Mumbai
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Did you serve the Notice Period as per the conditions of appt. letter? Did you handover all the Company assets and documents? Did you receive the clearance from all depts? Pon
From India, Lucknow
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From India, Lucknow
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Dear Mrugen Vyas,
I don't agree with your contention that "I guess irrespective of serving notice period, the company has to pay the earlier salary. They may deduct the last month's salary in lieu of the notice period." We can't have judgmental views unless we have all the relevant factors before us. Now, in the instant case of Sh. Vivek, suppose he has a stipulation of three months' notice in his appointment letter and the individual has resigned without giving any notice, then why should we expect his employer to pay him the salary for the months of November and December 2013? Sh. Vivek has mentioned that he resigned in January 2014 but has not mentioned whether he complied with the stipulations of his service contract. I have always insisted that the querists mention the full facts about their case as well as their organization for proper and correct advice. I am of the view that advice rendered by the members without delving into the facts will not be very useful and helpful.
I appreciate the email of Sh. Pon, who has raised very relevant questions as to whether he served the Notice Period as per the conditions of the appointment letter and whether he has handed over all the company assets and documents.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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I don't agree with your contention that "I guess irrespective of serving notice period, the company has to pay the earlier salary. They may deduct the last month's salary in lieu of the notice period." We can't have judgmental views unless we have all the relevant factors before us. Now, in the instant case of Sh. Vivek, suppose he has a stipulation of three months' notice in his appointment letter and the individual has resigned without giving any notice, then why should we expect his employer to pay him the salary for the months of November and December 2013? Sh. Vivek has mentioned that he resigned in January 2014 but has not mentioned whether he complied with the stipulations of his service contract. I have always insisted that the querists mention the full facts about their case as well as their organization for proper and correct advice. I am of the view that advice rendered by the members without delving into the facts will not be very useful and helpful.
I appreciate the email of Sh. Pon, who has raised very relevant questions as to whether he served the Notice Period as per the conditions of the appointment letter and whether he has handed over all the company assets and documents.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Hello,
I feel that the employer here has not paid salaries to any employee since October. Maybe there are some serious issues with the organization itself. Please start searching for a new job. Please check with other employees before taking any legal actions. It would not help if the company declares itself into losses.
Hope it helps!
From India, Delhi
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I feel that the employer here has not paid salaries to any employee since October. Maybe there are some serious issues with the organization itself. Please start searching for a new job. Please check with other employees before taking any legal actions. It would not help if the company declares itself into losses.
Hope it helps!
From India, Delhi
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Dear Murugan,
From the above correspondence, two things emerge:
1. You resigned from the services of the company in Jan. 2014 but have not been paid salary for the period of Nov and Dec. In this case, please satisfy yourself whether you tendered the resignation complying with the conditions of notice or notice pay in lieu thereof; and
2. None of the employees in the company has been paid salary for the months of Nov. and Dec.
In any of the cases as above, please take the help of a Labor Lawyer to seek the relief. One cannot have a concern with the constraints of the employer in releasing the salaries of its employees unless the latter are taken into confidence. Still, the law has to take its course.
S.K. Johri
From India, Delhi
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From the above correspondence, two things emerge:
1. You resigned from the services of the company in Jan. 2014 but have not been paid salary for the period of Nov and Dec. In this case, please satisfy yourself whether you tendered the resignation complying with the conditions of notice or notice pay in lieu thereof; and
2. None of the employees in the company has been paid salary for the months of Nov. and Dec.
In any of the cases as above, please take the help of a Labor Lawyer to seek the relief. One cannot have a concern with the constraints of the employer in releasing the salaries of its employees unless the latter are taken into confidence. Still, the law has to take its course.
S.K. Johri
From India, Delhi
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My dear Johri,
I am sorry to have pointed out that this is not the case of Sh. Murugan as you have addressed the mail to him, advising him to seek the help of a Labour Lawyer for relief. The instant case relates to Sh. Vivek, who has initiated the thread. My reply was addressed to Sh. Murugan in response to his mail.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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I am sorry to have pointed out that this is not the case of Sh. Murugan as you have addressed the mail to him, advising him to seek the help of a Labour Lawyer for relief. The instant case relates to Sh. Vivek, who has initiated the thread. My reply was addressed to Sh. Murugan in response to his mail.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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My employer has not paid my salary and other travel expenses. Today is the 20th day, i.e., 20 days since I resigned from my company. The employer asked me to resign as there is no work. I have been searching for a new job and asked for my salary. However, the employer does not answer calls; he only sends messages like "I will call you." It has been 20 days now. What should I do? I am the sole earning member in my family. Can anyone suggest what I should do to receive my salary and travel expenses from him? Please advise me. I am from Mumbai.
From India, Mumbai
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From India, Mumbai
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Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf
Communication.p pt
Communication.d oc