avieral jha 22 February 2024

Salary issue

I am working with my current employer for the last 1 year 3 months .

they have not payed the salary for January 2024 and are not able to say when salary of January,February ,March will come .Furthermore the reason why salary has not been payed has not been mentioned .

this is the case for all employees.

now they are asking me to resign ,without giving me a date by which salary of January 2024 will be processed .Also they do not do f & f and are trying that salary of January 2024 goes to f&f .

can I ask for a relieving letter from them along with date by which January salary will be processed ?

Reply Follow

4 Replies

Dr. J C Vashista (Advocate ) 22 February 2024

Action of employer is illegal which is required to be challanged.

You will have to claim and demand your outstanding salary (in writing) followed by proper case before competent jurisdictional Court.

1 Like

T. Kalaiselvan, Advocate (Advocate) 22 February 2024

You don't voluntarily resign at the risk of losing the arrears of salary and f and f settlement amount.

You remain in service, issue a legal notice to pay the arrears of salary, let them take legal action to terminate your employment, you can then resort to proper legal action against them to claim your rights.

1 Like

Ritesh Maity (Labour Law Advocate) 22 February 2024

Salary is to be paid by 7th to 10th of each month and any delay thereof attracts penalty. If salary is not paid, you have to claim it in writing and/ or through legal procedure (mostly under Shops & Establishment Act or Payment of Wages Act)

If you resign, you will not be able to challenge the illegal cessation of employment on behalf of the employer. So do not resign now. Simply demand (in writing) salary and keep it documented for future use.

If the employer terminates your service, only thereafter challenge the illegal termination.

1 Like

avieral jha 24 February 2024

Thank you

Please advise on the relieving letter part .

My next employer wants a relieving letter .