The payments should be ideally released by the usual pay day.
Such matters are best resolved by applying rapport, goodwill, persuasion, persistence, reasoning, and negotiation skills. Good offices of the employer should be approached and a fair opportunity be given to good offices to provide relief.
Even while you are agitating remain amiable.
Did you submit any notice of resignation as per terms of your appointment letter and serve the notice period?
You may submit final communication ( if you wish you can title it NOTICE also) addressed to good offices of your appointing authority, Chairman, Promoter/owner/Manager as per SE Act, cite reference of all representations made so far in person, by email, by letter etc( mention name/designation/dept/address/phone numbers etc of company personnel to whom you have been representing), conclude that you have been clamoring to get your pending payments and docs and request them to intervene and provide relief by supplying you the pending payments and documents mention detail) so as to reach you within next say…….7 days.
You may mention that payments should be made by bank DD only and bank DD and documents (acknowledgment/acceptance of resignation, service certificate, relieving letter ( with good comments on conduct), NOC/NDC, correct FNF statement, correct Form 16 as per correct FNF statement, PF number, PF passbook/account slips for entire period of service, last salary slip, salary certificate……etc) be sent to you by redg/speed post only and that a postage prepaid, self addressed envelope bearing postage stamps is enclosed for sending the bank DD and documents by redg/speed post.
You may highlight your sincerity, achievements, contributions, and remind the good offices that you have shown character and integrity by giving……days notice and serving notice period, handing over the charge/company property, and have abided by contractual obligation. Now the management and good offices should also reciprocate and abide by its contractual obligations.
Let elders in the family, competent and experienced well wishers, lawyer/law firm draft your representations.
If good offices also do not intervene and do not provide relief then legal route, lawful authority becomes an option, e.g. O/o Labor Inspector/ALC in Labor Commissioner, Wages Inspector, Inspector under SE act……
You may refer to SE Act of your state. e.g.;
The Delhi Shops and Establishments Act, 1954
2. Definitions.
(8) “employer” means the owner of any establishment about the business of which
persons are employed, and where the business of such establishment is not directly
managed by the owner, means the manager, agent or representative of such owner in
the said business;
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES.
(30) “wages” means
3. Rights and privileges
ding orders were applicable to your company and you, you may refer to clauses e.g.
Model Standing Orders: 13. Termination of employment,
15. Complaints., --16. Certificate on termination of service.-, 17. Liability of 17[employer].-- 18. Exhibition of standing orders.--
The payment of wages and certificate of service should have been supplied to employee on last day in office or within two days.
The Labor Inspector may issue notice and this may work in your favor and your payments may be released and the matter may end.
The company may relent and yield to your representation to good offices, demand notice, Notice by Wages Inspector, Inspector under SE Act, and legal notice by your lawyer. The option to approach civil court is there too.
Valuable advice of learned experts/members is sought.
