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Latha S G (Assistant Manager)     08 January 2011

Settlement of salary

Hi,

Currently I am working as HR with one of the consulting firms. My salary has been due for past 3.5months and now if I ask the management to settle the dues they are questioning on my performance. But nowhere in my appointment letter they mentioned to pay salary after achieving the set targets. How could I approach them legally to settle my due salary.

Kindly assist me with suitable options.

Thanks & regards,

 

 

 



Learning

 6 Replies

jyotirmaya behera (advocate)     08 January 2011

1st u collect ur joining latter. without joining letter there hv no legal stape. by the way 1st u write a latter to the head of that office or company by regist post.

V. VASUDEVAN (LEGAL COUNSEL)     08 January 2011

You may write to the local Labour Officer, setting out your grievances.

Kumar Doab (FIN)     09 January 2011

You may refer to your  application for the post,interview,selection, offer letter,joining report,appointment letter,then your signature   in office register for entry/exit,on line attendance record,leave application and approval record, etc, and pay slip for the months you were paid salary.You shall need it.

You may write under AD to your appointing authority,MD,Company Secretary,Head-HR,reporting authority,and mention that you have not been paid salary despite your representations in the office on dated.....to......and your salary may be paid to you for past...months and you are facing financial hardships,tension,and your salary should be paid to you immediately.

As advised by the learned members you may escalate to Labour Officer

Latha S G (Assistant Manager)     10 January 2011

Hi,

Thanks for the reply. I have collected my appointment letter and have the bank statement as & when the salary is credited. Post my discussion with the founders of the organisation directly they are not willing to pay me. Hence I thought to approach them legally so that I can get the due amount.

Please advise as how to approach the labour court.

Kirti Kar Tripathi (lawyer)     10 January 2011

To receive salary is your legal right. Once an employee has render services, he is entitled for his salary or wages, the employer has got no right to withheld the same. If the employer is not satisfied with his performance, he is well within his power to assess the performance and take necessary action under his service condition. he may revert him, extent his probation period or even terminate his services but can not withheld his salary for the period he rendered service. In your present case, it is undisputed that you are entitled for your due salary, but problem is from where you will get relief. In case, your salary is less than Rs. 6500/- PM, you can invoke jurisdiction of Payment of Wages Act. If you are workman, you can seek remedy under Section 33-C(2) of the Industrial disputes Act otherwise, you have to file Civil Suit for recovery of amount due.

Mallik Karra (Done with AIBE)     14 January 2011

agreed with Kriti Sir.... now if you have decided to take the recourse of court demand not just the salary but also monetary compensation for all the inconvenience that you have gone thru......


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