I would like to know if I am eligible for arrears payments. I worked as an XYZ in an organization from 08/2010 until I resigned from my position in 12/2018. In October, I received an increment of ₹1500, but I was not paid arrears from April to September during that time. However, in February, the organization released all pending arrears payments for my colleagues.
Questions Regarding Arrears Payments
1. Can I get my pending arrears salary?
2. If so, kindly suggest if there are any labor law rules to follow.
3. If I can receive a soft copy, I would be thankful to you.
I am waiting for your support.
From India, Bellary
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Questions Regarding Arrears Payments
1. Can I get my pending arrears salary?
2. If so, kindly suggest if there are any labor law rules to follow.
3. If I can receive a soft copy, I would be thankful to you.
I am waiting for your support.
From India, Bellary
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Understanding Arrears Payment Eligibility and Labor Law Rules in India
🔍 Firstly, to address your concern about pending arrears salary, you may be eligible to receive the arrears for the period in question. Here's a clear breakdown of the situation and the steps you can take:
1. Eligibility for Arrears Payment:
- As per Indian labor laws, when an employee is entitled to a salary increment retrospectively, any arrears accrued during the period of the increment are typically paid to the employee. Since your colleagues received their pending arrears, you should also be entitled to your arrears for the specified period.
2. Relevant Labor Law Rules:
- The Payment of Wages Act, 1936, governs the payment of wages to employees in India. It mandates timely payment of wages and covers aspects related to arrears payments as well.
- It's important to refer to your employment contract, company policies, and any relevant agreements to understand the specific terms regarding arrears payments in your case.
3. Steps to Follow:
- Initiate a formal communication with your previous employer, highlighting the discrepancy in your arrears payment and requesting clarification on why you were excluded from the arrears disbursement in February.
- If you do not receive a satisfactory response or resolution from the organization, you may consider seeking assistance from relevant labor authorities or legal counsel to enforce your rights to the pending arrears.
4. Soft Copy Request:
- When communicating with your former employer regarding the arrears, kindly request a soft copy of the detailed arrears calculation and payment breakdown for your reference. This will help you understand the specifics of the arrears calculation and ensure transparency in the process.
By understanding your entitlement under labor laws and taking proactive steps to address the issue with your employer, you can assert your rights to receive the pending arrears owed to you. If you encounter any obstacles in the process, seeking guidance from labor law experts can provide you with additional support in resolving the arrears payment discrepancy.
From India, Gurugram
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54🔍 Firstly, to address your concern about pending arrears salary, you may be eligible to receive the arrears for the period in question. Here's a clear breakdown of the situation and the steps you can take:
1. Eligibility for Arrears Payment:
- As per Indian labor laws, when an employee is entitled to a salary increment retrospectively, any arrears accrued during the period of the increment are typically paid to the employee. Since your colleagues received their pending arrears, you should also be entitled to your arrears for the specified period.
2. Relevant Labor Law Rules:
- The Payment of Wages Act, 1936, governs the payment of wages to employees in India. It mandates timely payment of wages and covers aspects related to arrears payments as well.
- It's important to refer to your employment contract, company policies, and any relevant agreements to understand the specific terms regarding arrears payments in your case.
3. Steps to Follow:
- Initiate a formal communication with your previous employer, highlighting the discrepancy in your arrears payment and requesting clarification on why you were excluded from the arrears disbursement in February.
- If you do not receive a satisfactory response or resolution from the organization, you may consider seeking assistance from relevant labor authorities or legal counsel to enforce your rights to the pending arrears.
4. Soft Copy Request:
- When communicating with your former employer regarding the arrears, kindly request a soft copy of the detailed arrears calculation and payment breakdown for your reference. This will help you understand the specifics of the arrears calculation and ensure transparency in the process.
By understanding your entitlement under labor laws and taking proactive steps to address the issue with your employer, you can assert your rights to receive the pending arrears owed to you. If you encounter any obstacles in the process, seeking guidance from labor law experts can provide you with additional support in resolving the arrears payment discrepancy.
From India, Gurugram
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