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Pending salary payment

(Querist) 21 June 2018 This query is : Resolved 
Dear Experts

I have resigned from my previous Organization for almost 2 months. They have issued my experience letter, relieving letter and full and final settlement letter on the last working day itself.

In the settlement letter, it is clearly mentioned that my pending salary for the last working month will be credited on the Company's next salary date. But till date, I have not received the amount. I have also noticed that my ex-colleagues have received their salaries during these 2 months.

I have enquired with my Boss and the Finance department, but they tell to wait as they are in a financial crisis. I have followed up with them via emails.

Please let me know how to proceed to get my Pending salary as I am waiting for 2 months.

Kind Regards
Nitish
Siddharth Jain (Expert) 21 June 2018
In this case, you should serve a legal notice to your employer for recovery of your pending due within 7 days of receipt of the legal notice, failing which you can file a suit for recovery against your employer.

For any other queries, feel free to contact me at isidjain1@gmail.com.
Guest (Expert) 21 June 2018
What do you mean by almost 2 months? Also, how much is the amount of salary due to from the employer? Besides, please intimate, if any company assets are with you to be handed over to the company management or your successor?
Guest (Expert) 21 June 2018
What do you mean by almost 2 months? Also, how much is the amount of salary due to from the employer? Besides, please intimate, if any company assets are with you to be handed over to the company management or your successor?
Nitish Reghunath (Querist) 21 June 2018
@ Dhingra.
It's been 2 months since I have resigned from my previous Organization (20 April 2018 - last working day). The pending salary to be received will be Rs. 40000. The employer has mentioned the same amount in the settlement letter.

No company assets are with me.
Guest (Expert) 21 June 2018
OK, hire services of some local lawyer, issue legal notice and file a summary suit against the employer, if you fail in your pursuit with the employer.

But be aware, personal pursuit may be far far better than any legal recourse, as that may prove to be harmful to the interest of your career in the long run due to some hidden and unanticipated dangers.

Kumar Doab (Expert) 21 June 2018
Saying, telling, said, told are all verbal modes of communication and difficult to prove..

The financial crisis is of NO relevance for you.
If any such statement is being made despite paying all employees on current rolls, IT is at the cost and consequences of the past establishment, personnel making such statements on behalf of employer, employer.....

You are at liberty to narrate all past representations and represent to good offices ( under proper acknowledgment) of appointing authority, MD,CEO and ask to release your dues immediately...
Kumar Doab (Expert) 21 June 2018
Thereafter you may approach per your coverage and eligibility ;
Seasoned employee's/Trade union leaders
O/o Labor Commissioner
Inspectorate Under Shops & Estbs Act
Civil Courts

preferably under the expert consultation and guidance of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc

The legal notice also helps to drill sense into the heads and resolve the matter....

Kumar Doab (Expert) 21 June 2018
There are endless number of threads in which IT has been advertised that querist must give up his/her hard earned monies/wages/salary/ OT/bonus/Gratuity etc etc

and made fearful ...

It is your matter and the approach is your choice..
Ms.Usha Kapoor (Expert) 22 June 2018
In this case you send a legal notice of 7 days to your employer foot recovery of your pending salary dues failing which you'd file a money recovery suit against the employer.
Ms.Usha Kapoor (Expert) 22 June 2018
I stick to my above view.
Ms.Usha Kapoor (Expert) 23 June 2018
I stick tomy above view.


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