Salary Dispute
3 months ago
I was serving my notice period of 90 days starting from December 1, 2023 to February 28, 2024.
I have worked for the whole month of December 2023. Due to personal issues I had to take a leave from January 15, 2024 to January 24, 2024.
The company has a reputation of delaying the payment of salaries from processing date of 5th of every month as promised in the contract.
They delayed the payment in January as well but I discovered that they have an imaginary leave policy which was never shared in writing, that whoever takes a leave, his/her salary will be put on hold till they return back. Despite me asking them to share the latest company leave policies, the founders of the company refused to do it.
I felt being exploited and blackmailed and hence quit the job immediately because of such instigating tactics.
Seeking legal options for this situation as the salary of the month of Dec 2023 hasn’t yet credited.
In this situation, it's advisable to consult with a legal professional to explore your options. Request a written copy of the company's leave policies, and document any communication regarding the delay in salary payments. Gather evidence of your employment, such as contracts and correspondence. If your salary for December 2023 is delayed, you may consider filing a formal complaint with the labor department or an employment tribunal in your jurisdiction. Explain the circumstances surrounding your departure, emphasizing any unjust practices by the company. A legal expert can guide you on the best course of action based on the specific labor laws applicable to your situation, ensuring your rights are protected during this process.
Thankyou
In the absence of any clause in your appointment letter, even if you left the Company during your notice period, your salary for the period you were employed by the company cannot be withheld. So, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947, serving a legal notice to the Company, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming the dues receivable from the company. Otherwise, you have to file a civil suit for recovery of salary from your employer.
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