• What are your rights when employers don't pay up?

My company transferred my salary into my salary account on 11th sep 2017. The very next day on 12th sep 2017 in the morning around 9AM, i sent an email to my employer regarding my resignation. At about 9:30 they reverted back my salary without giving me any reason. At that time i was unaware of that thing and went to office as usual to do my job. In office i had meeting with company owner about my resignation. They told me that my resignation is on hold for some time and they will confirm it soon. After some time they emailed me

Hello 

Greetings!
As per discussion, you agreed to take resignation back.

Thank you

I never agreed to take my resignation back and i was unaware of this email. Unaware of this act i went back to my work but in the evening when i tried to withdraw money from salary account transaction got declined. I called bank customer care and they told me that it is reversed back to my company. I had no cash at that time , so it made me to come home by walk (arround 4km). On reaching home i tried calling my employer regarding this but he ignored my calls. 

On 13th sep in the morning i again tried calling my employer to clear the issue but again ignored my calls. 

After then i sent email to company asking them reason why my salary is reversed back and i am having fever also out of money so can't come to office to discuss the same. 

Company official responed back with email 

Hello 
just to let you know, we reverted the salary as it was wrong calculated and hence we are trying to figure out the accurate figure of the salary.
Regarding your resignation, just to let you know as per company policy no one is allowed to take leave in notice period and in case of taking leave in notice period, lead to breaching of resignation policy and notice period. 
We will try to sort out the salary of last month, it will be sorted out soon, most probably today.

After that i responded with this email
Hello sir,
Thanks for clarification regarding salary issue.
Also, i was told yesterday that my resignation is on hold and also company itself notified me by email yesterday that my resignation is not accepted. In that case, how its possible that my notification period is started or i am in notice period.
I hope salary issue will be sort out today, since i am in great need.

After that they didn't sent me any email ,no call from their side and have not paid my salary of last month till yet.
What legal action can i take for this trouble and how?
Any help would be appreciated.
Thanks
Asked 2 months ago in Labour from Chandigarh, Chandigarh
1) issue legal notice to company to pay your salary dues 

2) since your resignation  has not been accepted you continue to be employee of the company 

3) you can file suit to recover your outstanding dues  
Ajay Sethi
Advocate, Mumbai
37902 Answers
2123 Consultations

5.0 on 5.0

Send a Legal Notice to seeking your last months salary and other dues. If the notice fails to help, file a case against them in the labour Court.
Vibhanshu Srivastava
Advocate, Bangalore
2312 Answers
8 Consultations

4.9 on 5.0

1) you should go to office . you can be declared an absconder and issued termination letter by your employer 

2) file police complaint under section 406 IPC against your employer for refusal to return your original certificates 
Ajay Sethi
Advocate, Mumbai
37902 Answers
2123 Consultations

5.0 on 5.0

You issue a legal notice demanding your salary upto the date you worked last and also mention that you would approach court of law if the management is still adopting the dilatory tactics on this on some flimsy reason.
Failing to evoke any response from the employer you may either approach labor court for relief or can file a money recovery suit for the dues to be paid to you by the company.
T Kalaiselvan
Advocate, Vellore
27833 Answers
290 Consultations

5.0 on 5.0

1.  No salary then no work hence you may decide about rejoining the organisation if they dont pay you the dues.

2.Have yo sent your resignation letter by registered post with acknowledgment card attached to it, if so, if ther is no reply then you may take legal action on this by first issuing a legal notice and then follow it up legally.
T Kalaiselvan
Advocate, Vellore
27833 Answers
290 Consultations

5.0 on 5.0

1. The company put your resignation on hold without you having asked for it. Unless you had given in writing to the company to keep your resignation on hold, it could not have done this. 

2. Now serve a lawyer's notice to the company to release your salary, relieve you and deliver all the original certificates to you. If the company does not release the full and final settlement despite the notice then a civil suit for recovery of money may be filed in the court.
Ashish Davessar
Advocate, Jaipur
21700 Answers
591 Consultations

5.0 on 5.0

Ask a Lawyer

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