Employer doesn't intend to pay my salary after resignation

It is always appropriate to discuss the matters with elders in the family, competent and experienced well wishers, lawyer/law firm before taking hasty decisions. Dealing with employer have become a game of chess and one should be patient and careful.

You are right that majority of the employees do not submit even humble objections to the wrongdoings of the employer and later either suffer financial loss or harassment.

The employee should lodge humble dissent to he wrongdoings and build record and use negotiation, persuasion, persistence skills to resolve the matter in his/her favor. One should remember the employment contract can be terminated by either party and employers are known to use tactics to protect their interest even if it requires adopting unfair tactics and may cause loss to he employee.

Do you have written record to establish that you have handed over the charge, completed the tasks on hand and submitted the company property? If you do not have you should obtain it and you should submit a written communication under acknowledgment stating you have offered to complete all formalities and cooperate with the company and as per directions/orders of Mr.............on dated............you have attended office on dated................and has completed the tasks assigned to you, handed over the charge and submitted the company property e.g.............to Mr..............to the complete satisfaction of your superiors and nothing is pending to be done by you.

Since you have resigned with immediate effect company can claim notice pay. You can demand by letter addressed to appointing authority, MD, Head-HR (followed by email) the company should supply you acknowledgment and acceptance of your resignation, settlement of your a/c and dues payable to you, F&F statement, Form 16, Pf accumulation reports/withdrawal and transfer forms, work experience certificate, NOC/NDC etc by registered/speed post so as to reach you in next say 7 days, (i.e. within 30 days from date of your resignation). If you feel you may mention that you are enclosing self addressed postage prepaid envelope with your letter. If you feel you can enclose statement of amounts payables by you to company and receivables from company along with your letter.

If the company does not respond you can issue reminder and if nothing works, you can approach the o/o Labor Commissioner/wages inspector.

Thank you so much Sir, for your early response.

I have all the proofs to support my case, communicated e-mails with HR Manager, Operations Head, MD, COO as well as the new Branch Manager who has come as my replacement. The company is trying to play with me and from what i have come to know from sources they have lodged an FIR against me stating i have stolen Important data from them during the course of Hand-over and sold some where which is absolutely FALSE! and also claimed that they have in written that i tried to influence the staff in leaving the company which is also FALSE!. I was the most dedicated staff of the company which everybody knew  and which the attendence book will prove and a very strict manager which didnt go well with few staff who are supporting this whole issue to damage my reputation and thats what company wants because it doesnt intend to pay the dues. Whats the right way to sort it out? Labor commissioner/wages inspector or a civil suit is necessary as i am at managerial level??

I would be happy the easier way because i cannot afford a lawyer at this point, the whole process will be too expensive!!

Please advise.

Regards,

Sandeep Khangaokar.

You should know if the company has filed a complaint or FIR has been lodged?

The police shall contact you for your statement, and you can clarify and establish the facts. You can on your own use your resources and find out from the Police Station.If the info is false you can call their bluff.

You can persist for settlement of your a/c. All experienced and senior lawyers do not charge high fee and some of the noble soul may take up your cause.

So Sir, you are saying that i will have to have a lawyer for my case? what would this whole process cost and how much time in that case?

moreover if i do that can i claim penalty for delaying my salary and causing mental disturbance, harassment to me and my family since i am the sole bread winner of my family!

I worked 12 to 16 hours every day for months, company never objected on that, but i never claimed for Over time showing my loyalty and hardwork which obviously the attendance log book will prove, now that they are playing games with me can i legally claim for the over time as well.

In case if i win the case, am i liable to get all the expenses borne by me in the course from the employer/losing party. 

Do you know any such lawyer in Thane or mumbai area who can extend his support to me  ?

Regards,

Sandeep Khangaokar

File a claim under the Payment of Wages Act with the local labour authorities. Provide the details of the employment terms, the details of your claim in writing.

vasudevan

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

Designation alone does not decide the employee is a workman or not.

You can approach the o/o local labour authorities and file total claim with overtime.

Your near and dear ones can guide you to a local service lawyer at Thane/Mumbai. You can also visit the profile of LCI advocates  experts/members and approach them.

I want to know if the basic expenses to file a suit itself would be expensive or only the lawyer would be expensive ?

and this whole course to come to a conclusion would take too long or can be concluded in 1 to 2 months? 

And since my place of work was South mumbai, and my residence in thane which court should i be going to ? the one linked to south mumbai or the one in thane also would do?

Please advise.

Dear Sandeep

You have one chance to get relief that “you have to write one complaint to the labour commissioner by mentioning all issues and along with proof of enclosures and acknowledgement. Please keep the acknowledgement receipt for future correspondence”. Please don’t forget to keep one more set copy of all proofs before sending the complaint.

How effective labour commission is? whats the formality ? I need to go to Mumbai labor commissioner or thane Labour Commissioner would do?

Please advise...

If you were located at Mumbai by your company, you can file complaint at Mumbai.

The process may vary from state to state.3 opportunities are granted during concilliation proceedings,in a month's time.If you represent yourself, company can not represent thru a lawyer, and company employee shall appear.

You can seek guidance from a competent lawyer/ labour consultant and appear yourself or you can represent thru labour consultant. Kindly proceed as deemed fit.

Some contradictions are better raised, discussed rather than facing these questions in court. It is with good intention that some questiona are being raised:

 

* What is the nature of your job? i.e. Branch manager of what company, what is your job functionality?

* Are you wanting your salary or OT for the extra work that you have put in during your service? - Have you written for claims on your OT earlier? What happened? If not, why did you not raise this at that time?

* Does your appointment terms say that you will be responsible for data and that there is a particular way of handing over the data? What is the periodicity of such reporting/updating if it is part of your job?

Hello All, I need help, I have left my job on sep 2016. I was working an IT company for a 7 months in delhi. After that he want my resignation on that time i was lucky that i got another offer letter from another company. But after resignation he was giving all the document but not gave my last month salary and also every month he deducts 2500 per month from my salary and he told me that he has made a new policy for deduct 2500 per month of every employee so that after completion he will give last month salary plus whole money that he has deducted without interest. I just want to know i have followed up with him so many months regarding my salary every time he told me that he will transfer next month but he was not talking about my deduction and he has not transferred the money till. if i take action against him or report him it will affect my future organisation.. So help me what i have to do.....

1. Employer cannot deduct any money from salary on the plea that such deducted money will be paid altogether at the time of cessation of employment. Such deduction is illegal and for such act, the company is liable to pay penalty and interest.

2. Salary in general is to be given by 7th to 10th of each month. There can be no justified reason for any delay of payment of salary. If there is a delay, then again employer is bound to pay penalty and interest.

3. I think he is intentionally trying to avoid making payment.

4. Write a letter under registered/ speed post or send a legal notice demanding the oustanding salary as well as earlier deducted monthly salary together with interest.

5. If the company does not respond or pay, then you have no other alternative but to move to legal forum.