Pending salary Pending salary

3 months ago

I resigned from my job and served my two month notice period. It has been more than 4 months but the company did not pay me my pending salary. They did not even reply to my mails. What do I do?

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues for an indefinite period subject to any condition in the absence of any specific stipulation of that condition in the contract of employment. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. In case you are holding the position of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
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Anik

Responded 3 months ago

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A.Dear Client,
If your former employer has not paid your pending salary despite several attempts to contact them, you may want to take specific steps to address the issue. Start by documenting all your attempts to communicate, including emails or any written correspondence. Consider sending a formal letter to your ex-employer detailing the unpaid salary and requesting immediate payment. If there is still no response, you can escalate the matter by contacting the labor department or an employment tribunal in your jurisdiction. In some cases, legal action may be necessary, and you might want to consult with an employment lawyer to explore your options. Remember to gather evidence of your employment, the notice period served, and any communication regarding the unpaid salary to strengthen your case.
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