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Q.Salary Problem
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Q. Salary Problem

Hello,
My employer is not paying me my salary for march. they are saying because i did not served notice period. i requested them to get me relieved by next day and they also did not say anything about serving notice period. but shifted my all projects to another person and from next working day they did not contacted me to come office. Can i claim my salary. Please help me.
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A. You check your offer letter and employment terms and conditions to find out what are the terms you have agreed with. It would also mention about notice period and full and final settlement while leaving. If the employer is breaching any terms and conditions then you will have all the legal rights to seek relief.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 month ago

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A. Dear Sir,
Get issue a legal notice and file a suit for recovery of salary.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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A. Sir, your question does not have proper details.
However with the question you posted, this is what you should know before proceeding.

1. Every company has a termination policy, whereby they can relieve you on the next day and not pay you a months salary in lieu of not serving the notice period.
This is more like an option, you either serve the notice period and get paid for that or else if you want early release then you do away with one months salary which would count as equivalent to serving the notice period.

Now,
If you left the job in Feb, then they have all the rights to not pay the salary of march as is discussed above. However, if that is not the case then you have all the rights to claim your salary till the time of your resignation or termination.

In case the company has withheld the salary wrongfully, then,

1. Send them a legal notice which shall direct them to pay the salary which is due till date and also mention a fixed time period to pay the same.
2. If in case they fail to comply with the legal notice then, you can file either a 'Money Suit' or a 'Summary Suit' for recovery of such unpaid salary.

Thanks
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. Dear client in your matter I would like to suggest you kindly send legal notice through lawyer and ask for pending salary.if he didn't respond you then file complaint before labour commissioner office against him.

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Deepak Bade

Experience: 9 Year(s)

Responded 1 month ago

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