IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suchint (manager)     13 February 2012

Payment of last month stopped,when i resigned

Hi guys i m a CA ,i was working with Fmcg.I resigned on 26 dec,but they have stopped my salary of december.Although they have deducted tds on that.But i have not received the salary yet.So guys could u suggest me which law i should follow & which consultant i should hire????Also they have'nt provided me with relieving letter.please help


 6 Replies

Kiran Kumar (Lawyer)     13 February 2012

serve them with an appropriate legal notice and demand your due money...

Sanjeev (Lawyer)     13 February 2012

This is a normal process to stop salary in the month of resignation as that would be cleared with your full and final payment they would calculate the amounts due to you or if any recoverable from you. There might be some bond that you may have signed that may make you pay something in that case if the amount is payable by you as per full and Final then relieving would be issued once you clear the dues else they would clear the F&F payment that will have your Dec salary as per the timeline the company follows normally 45-60 days.


No need to go legal check the status of your F&F from your HR.

Kumar Doab (FIN)     13 February 2012

Learned experts/members have valuable advice. Kindly follow it.

Ideally a/c should be settled and wages should be paid on last day in office or within 2 days. Usually companies set a time frame for FNF settlement however it should be within a reasonable time say 30 days.

Did you submit of resignation or resignation without notice, and did you submit company property and complete handing over the charge under acknowledgment?

You may submit a gentle letter to the good offices of your appointing authority, MD, Head-HR, Company Secretary and narrate all representations made by you so far mentioning name of company personnel and date of representations by phone, in writing, in person and request to supply you by redg/speed post acknowledgment/acceptance of your resignation, work experience/service certificate, FNF statement, settlement of dues and payment of dues by bank DD, form 16, relieving letter, PF number/accumulation reports/withdrawal-transfer forms, NDC/NOC etc, and mention that you are enclosing postage prepaid self addressed envelope for reply by redg/speed post only so as to reach you say within next 7 days. You may highlight that so far you have not received any response to your gentle representations as mentioned and you are seeking intervention and relief from good offices.

If the good offices do not provide relief you may lodge a complaint with o/o wages Inspector and/or issue a legal notice as deemed fit.

Relieving letter is issued post alls settlements at the end of employee and if nothing is due at your end employer should supply you the reliving letter.

malipeddi jaggarao (retired banker)     14 February 2012

How do you know that the Company deducted TDS?  If such is the case, they might have kept your salary in a dummy account to be paid later after completion of exit formalities.  Be in touch with the HR.  They will settle the issue.

Hemanth Kumar (student)     14 February 2012

An employee working in a private limited company for four year - resigned from services on 31st of April 2011. The salary for the month of April 2011 is not paid still know, upon issuing a legal notice, Company replied that due to financial crises they are unable to pay and in due course of time they will settle the amount.

Please provide some of you valuable suggestions.


with regards

Kuldeep Gauniyal (Sr Manager - Legal)     15 February 2012

To Suchint : The Full & final amount are paid after deducting all the dues of  the company.  TDS is a sufficient evidence that you are entitled for that particular amount on which tax was duducted.  You can find out exact amount of TDS and your salary amount from the income tax website.  Now, you should send to them a legal notice asking them to make the payment within stipulated time and thereafter, you may approach to the Labour Court.

To Hemant Kumar : This is delaying tactices of the companies.  You should not fall their trap.  Better intimate the employer once again and then approach labour court immediately.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query