• Organization not paying final dues.

I am awaiting for Final dues from previous organization. The company had terminated my services while I was serving notice, the company hadnt given acceptance on the resignation or given me a release date.(Documented on Company e-mail)

Joined a smaller startup which was a competition to the previous organization in one of the business line. However the non-compete clause didnt include the current company name. 

I have been chasing the previous company for the appx 3 months to get my dues settled, i.e 1 months pay and ability to withdraw PF (Combined Total of 1.4 Lacs),however with no communication and typical delay tactics now the organization has said over email that I have to pay 1 months salary because I didnt serve the notice period & "evaluating legal options" for data theft. 
All digital records are audit able and none was done. The job role i was in didnt entitle me to any critical data, I took care of Sales in a particular region. Maximum exposure was the phone numbers of people i interacted with which all sales people have on their phones.

In the last 3 months, as previous customer's werent informed, there were phone communication which was informed backed to the reporting managers of previous company as part of personal ethics & integrity. 

On 1st of Dec'16 after verbally discussing with reporting managers (CxO Level), dropped an email stating my intent to resign and was awaiting an formal acceptance or communication which I didnt get. (Again all digital records available) Daily tasks and responsibilities were assigned which was done with due diligence. on Dec 28th attended team calls, with no communication post that, afternoon 3PM, my emails and CRM access are blocked which I came know because I couldnt access them. HR calls after 15 mins and says "Today is your last day, handover your laptops by 5PM"

Thats the brief background, how can I get my due salary back ? 
Contract says, company has to give 1 Month notice or salary if terminated or i have to give 2 months notice. Do share your legal opinion. The previous company is Registered & HQ in Gurgoan (a mid-size profitable startup of 200 employees) & and I'm based out of Mumbai with 15-days base in Mumbai & Bangalore.

There is has been severe cash-flow crunch due to this situation and seeking your advice to atleast release the pay for the days I worked in December & PF.
Asked 7 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

3 Answers

Hello,

1) You need to get a legal notice issued to the company demanding the arrears of your salary and the PF as your requests have not been heeded and have sent you a notice for recovery one month's salary. As per policy of termination the company ought to pay you a month's salary..

2) If the company refuses to pay or raise any obstacles, you can file a suit against the company compelling them to compensate you. Do send the legal notice before they bring up any complaint against you to wash off their liability.

S J Mathew
Advocate, Mumbai
3564 Answers
175 Consultations

5.0 on 5.0

1) issue legal notice to company to pay your outstanding dues of one month salary , PF as your services were terminated by company

2) for non payment of provident fund dues you can also complain to regional provident fund commissioner

3) you can file winding up petition against company in Gurgaon if they fail to clear your dues

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

The main problem with people like you is the commncation. The resignation through mail often gets stacked up elsewhere and when the reality comes, there would be no evidence to prove your case.

If you have decided to resign then nothing prevented you from sending the communication in a letter sent by registered post to the management of the company.

The HR is another employee of the company hence all your correspondences should hav been addressed to the top management of MD.

Even now you send a demand notice in writing by a letter through registered post mentioning your date of resignation and the dues that are to be paid to you, this should include the date and maner that you were relieved from the company.

You should not mention any other details until you get a reply to this, if you dont get a reply then you may plan to initiate proper legal action as per provisions of law for recovery of your dues.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer