you can send a legal notice demanding the said payment and if emplyer still denies then, you can file a recovery suit in the civil court Or File a claim under the Payment of Wages Act with the local labour authorities. Provide the details of the employment terms, the details of your claim in writing..
Employer hold salary of 2 months and 21 days
Hi. I have served my whole resignation period of 2 months in proper way from 21 Sept. 2018 to 21 Nov. 2018 . Company accepted my resignation letter. I have deposited the company laptop also and received experience certificate from the company. Now, Company hold my salary from 1 sept. 2018 to 21 nov 2018. (2 months and 21 days) I have no money to pay home rent and i am also financially and mentally disturb due to that. I have sent so many emails to the the company but still they are not giving any proper date when my salary will be released, if someone needed, I can also share my emails that i sent to the company. Please give me suggestion how i can recover my salary as soon as possible. Regards, Sahil
Asked 7 years ago in Labour
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16 Answers
You Will have to serve a legal notice to your employer asking them to pay your full and final settlement amount, along with interest and compensation, within 15 days of receipt of the legal notice.
If they fail to do so, you'll have to file a suit for recovery against your employer in Civil Court in order to recover your entire dues.
Alternatively, a complaint can be made to the Asst. Labour Commissioner too.
Dear Client,
Send legal notice to release salary, still not given, approach lobor commissioner for salary with interest and compensation.
Sir issue a legal notice for your full and final payment if company fails to pay same in the notice period you need to approach the court for the recovery of amount along the interest.
1. You have resigned in accordance with contractual obligations. Now serve a lawyer's notice to the ex-employer to release the salary.
2. If salary is not released despite the notice from your lawyer then a civil suit for recovery of money will have to be filed in the civil court to claim the salary with interest, compensation and cost of litigation.
Issue legal notice to company to pay your outstanding dues
2) if company fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest
1) You can sent them normal notice via email for full n final settlement and when amount is going to release it in your account and final cheque.
2) In most of the companies its takes 30 to 45 days to complete this final procedure as you have just completed your notice period 2 days before so wait it atleast 31st Decemeber 2018.
3) Or you can ask the ETA for completion of the full n final settlement procedure.
Please have a look of your appointment letter and check if there is any clause for the payment of outstanding amount after resignation and release.
Increase the amount is due and Company is in fault of payment you need to approach to the court and file a money suit to recover your amount outstanding legal charges and interest there on other period the amount is due but not paid.
Your suit can be filed in Gurgaon Court.
Please file a complaint to the Labour Department immediately. For early action you can file a complaint of harrasement against the company to the Commissioner of Police.
Is employer have the right to hold 3 months salary for full and final settlement or one month salary is enough for full and final settlement? Is I need to wait for 30-45 days more for full and final settlement and then after that send legal notice to the company? Employer said that they give positive reviews to other companies where I apply for jobs in the future if companies call for background verification. If I send legal notice , then employer can give my negative feedback to other companies there I will apply. There is nothing is write about that it in the contract
Asked 7 years ago
Don’t issue legal notice if you apprehend employer woukd give negative reviews about you
2) wait for 2 months or so
3) then take a call
Employer has no right whatsoever to withhold your salary. They would have to pay the entire salary of 3 months to you as full and final settlement.
You would need to wait for 15 days after the receipt of legal notice on your behalf to your employer, after which you can proceed to file a case for recovery of money.
The Company will not hold your salary for all the 3 months. if it holds, then it is illegal
The employer has no right to hold the salary if registration is accepted there is no.dispute they have to give complete settlement in time.
No just wait for a 10-15 days.
Sir company can give bad reviews still if they do so you can file a suit against them.
Don't worry it is all illogical, file application as suggested.
Hi, it is advisable to serve a legal notice to the employer company.. If he do not comply with the notice , you can file a complaint at the labour forum for refund and compensation
You may start the legal process once you get the job if in case you apprehend that they may give negative reference to the company
