Employer not releasing withheld money Employer not releasing withheld money

2 years ago

Please help me with this situation.

During 1st covid lockdown my wife's ex-employer withheld a certain percentage of salary for two months (Apr, May 2020) which sums up to be around 38000. This was applicable for entire staff. They also mentioned this in the payslip and in email that this will be released afterwards.
Now my wife has already left the company in May 2021 and its been 1 and half years since withheld money, they are not giving any proper response to our queries on releasing the amount. All they say is we are not sure but when everyone will get you will get too etc.
Now I am in mood to send a legal notice demanding for the money and seek for some suggestions and advice on this.
How should I proceed from here, should I only demand the actual amount or actual plus interest or actual plus interest plus compensation.
Please guide.
Thank you

Anik

Responded 2 years ago

View All Answers
A.Dear client,
Since it is illegal to withhold salary from the employees without having any reason, you can say that you will initiate legal action by sending a legal notice to them. You can demand actual amount plus interest.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Dear Client,
You can send legal notice to the employer to release her money but if he did not respond then you can file a case against that employer in Labour court demanding the actual money and compensation for the mental or physical harm you suffered due to late payment.
Thank You.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconEarly Relieve and Termination Threat
Dear Client, A company cannot travel beyond its limit as stipulated in the contract of employment or appointment letter that governs the relationship between an employer and an employee. An employer...
question iconPromotion
Dear Sir, You cannot get your regular BA Degree since you are working as Teacher. You may get BA Degree through distance mode and it is equivalent to regular BA Degree.
question iconStay order on transfer order
Dear Sir, You may approach Central Administrative Tribunal and they may consider on sympathetic manner and provide you necessary protection from being transferred unnecessarily.
question iconRegarding the salary for the days worked in a company before resignation
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconCompany has not accepted my resign
Dear Client, When on acceptance of terms of employment, you resume employment of the Company, you have to abide by the said terms, and refusal to comply with the said terms of employment makes you lia...