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SWAMINATHAN   19 April 2017

Salary unpaid - as per relieving letter - 90 days full and final settlement

Dear Sir, I was working for an IT company in Banagalore. I resigned from the job by giving proper notice as per the HR Manual and it was accepted. I was duly relieved from my responsibility by the company director. They had stated in my relieving order that my due ( Full and Final payment) will be settled in 90 days from the date of relieving me. Due date of payment was 31st Mar 2017. Till date ( 19 April 17 ) I have not got any payment. I sent several emails, whatsup message and made call. No response from the director or CEO. Kindly advise me remedy, so I can recover my salary. Regards S.Nagarajan


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 12 Replies

Narendra   19 April 2017

Send a registered letter and wait 15/20 days for their reply if it still no responsive consult advocate and tell him to send a legal notice to the Managment

Kumar Doab (FIN)     19 April 2017

Are you a member of  IT/ITeS employees’ unions and Trade Unions?

Have you approached  Greivance Redressal Committee, with thier help?

SWAMINATHAN   20 April 2017

I will follow your advice. I had emailed them asking for payment, can it also be considered as valid document or evidence. Can an employee with unpaid salary sue company for winding up. There are many such employees in the said organization

SWAMINATHAN   20 April 2017

No, I left the organization in 3 months time.

Kumar Doab (FIN)     20 April 2017

Originally posted by : SWAMINATHAN
Dear Sir,
I was working for an IT company in Banagalore. I resigned from the job by giving proper notice as per the HR Manual and it was accepted. I was duly relieved from my responsibility by the company director. They had stated in my relieving order that my due ( Full and Final payment) will be settled in 90 days from the date of relieving me. Due date of payment was 31st Mar 2017. Till date ( 19 April 17 ) I have not got any payment. I sent several emails, whatsup message and made call. No response from the director or CEO. Kindly advise me remedy, so I can recover my salary.

Regards

S.Nagarajan

 

You can.

Statutory notice may be issued.

All affected employees can join hands and act against employer.

 

 

Ritesh Maity (Labour Law Advocate)     21 April 2017

1. What is your nature of work?

2. What is the nature of company (I assume that it is an IT firm and registered under Shops & Establishment Act)

3. Your tenure of service.

4. Last drawn wages/ salary

5. What is the component and amount of your total full and final settlement?

 

please asnwer the following to get better response.

SWAMINATHAN   21 April 2017

1. What is your nature of work? - Finance In charge

2. What is the nature of company (I assume that it is an IT firm and registered under Shops & Establishment Act) - Yes

3. Your tenure of service. - 3 months ( Probation period as per employment contract 6 months )

4. Last drawn wages/ salary - 2 L

5. What is the component and amount of your total full and final settlement? - full month Salary for the month in which I resigned. 

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=149033#reply

Ritesh Maity (Labour Law Advocate)     22 April 2017

Give a notice/ legal notice to the company demanding the oustanding salary. Wait for a week or so. If the company does not pay, then you have to approach the referee under the Shops & Establishment Act for filling a case.

Kumar Doab (FIN)     25 April 2017

They had stated in my relieving order that my due (Full and Final payment) will be settled in 90 days from the date of relieving me. Due date of payment was 31st Mar 2017.

Has the FnF statement been issued and supplied to you?

Or have you submitted any FnF statement as per your own calculations and has employer responded to it or maintained silence?

The salary/wages mentioned by you is/PM or annual and is it salary or CTC?

Kumar Doab (FIN)     25 April 2017

You can agitate under Shops & Establishment Act, if you are covered by the def. of employee as in the Act and estqablishment is also covered and is not exempted.

Your earlier query has already been responded.

SWAMINATHAN   25 April 2017

Dear Sir,

FnF Computation was done by them. Computation was mutally agreed between us and both of us Employer and Employee signed it.

FnF also states that dues will be settled after 90 days from the date of releiving. 

 

Kumar Doab (FIN)     26 April 2017

Hope you have copy of FnF statement also.

This could be held as admission of debt by employer.

Unpaid wages/promised amounts of employee aredebt on employer.


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