Company didnt paid me salary after resigning
Vilas
(Querist) 10 January 2011
This query is : Resolved
Dear Friends,
I worked with an IT company in Jaipur for three months,they hired me on a monthly salary of Rs.31,660 as Business Development Manager.
The CEO asked me that he will be paying me Rs.18000 per month after two months for which I didnt agree,so he asked to resign and I left the company and came to Pune for job search.I got releiving letter from the company and was told by the HR of the company that my salary will be released with all the other employees.I kept in touch with the HR of the company she told me they will be releasing my salary now and then but now she is saying that the CEO is saying that they wont be paying me my salary for my last month.
I am having all legal documents like appointment letter, relieving letter.
Please guide me what legal action should I take to get my salary presently I am located in Pune and my former company is located in Jaipur will this be any problem for any legal action.
Looking forward for your kind reply.
Best Regards
Vilas
Akashdeep Sharma
(Expert) 10 January 2011
Hi Vilas,
You are legally entitled to Salary for the period for which your had rendered service.
You can take legal recourse for recovery of you due salary.
You can go to Labour Court If you were not exercising any managerial function) or approach.
Before contemplating any action, I suggest you send a Legal Notice to the CEO, seeking your due amount.
The case can be filed in Jaipur, In such proceedings you are not require to attend all proceeding (except for giving evidence) as a counsel can represent your matte.r
Devajyoti Barman
(Expert) 10 January 2011
The case would liie n Jaipur only and for ecovery of such dues ypu have to file a suit for recovery of money within 3 years from the date whn such amount first fell due. Alternatively you could also file a criminal case for criminal breach of trust.
Kirti Kar Tripathi
(Expert) 10 January 2011
To receive salary is your legal right. Once an employee has render services, he is entitled for his salary or wages, the employer has got no right to withhold the same. He can not withheld his salary for the period he rendered service. In your present case, it is undisputed that you are entitled for your due salary, but problem is from where you will get relief. Since you was drawing Rs.31,660 per month as salary and was holding the post of Business Development Manager, you have only remedy to file Civil Suit for recovery of amount due. For which you have three years from the date the amount of salary became due.
Advocate. Arunagiri
(Expert) 11 January 2011
Business Development Manager - can file a complaint before the Commissioner of Labour / Conciliation Officer under the ID Act.
malipeddi jaggarao
(Expert) 11 January 2011
Initially send your request by Regd.Ack.Due, if no reply is received within reasonable time, arrange to issue legal notice. I hope no further action is required, as I am sure you will get your dues.
Vilas
(Querist) 11 January 2011
Thanks for your replies.
As I worked in a Managerial position I cant appeal to the labour court but I can appeal to the Labour officer.Do I have to send a legal notice before going to the Labour officer,do I have to take help of any advocate to send a legal notice or I can do it myself.
Do I have to file a case in Civil court as well,if so what is the procedure.
As I am jobless now so I cant afford paying a fees to an advocate.
Advocate. Arunagiri
(Expert) 11 January 2011
You need not send a legal notice before going to the labour officer.
You can appear as party in person before the labour commissioner proceedings, advocates are not allowed.
No need for a case in civil court.
