I worked in a private IT company for 5.7 years, and due to ongoing financial issues management asked me and lot other employees to leave. As per their requirement we have served the one month notice as well. At the time of leaving company, they needs to pay my 2 months salary, gratuity and 1 year annual component. They have even promised to clear that with in a month as well. However its already more then 4 months and they only paid 1 month salary. On asking for further dues they give new tentative date every time but not paid anything. And now they stopped even responding on messages and emails too. I have mailed to company CEO, financial head, accounts department and HR but nobody is responding. How I can proceed now? Do I take some legal action?
Respected sir ...
Firstly you have to give them a Legal notice then you can file a petition in the labour court and you have to mention all such facts in your petition about all date and time of your massages ...Court will consider your fact and provide justice to you just go ahead...
Thanku
1) issue legal notice to company to pay your outstanding dues
2) if company refuses to pay file winding petition against company
3)in alternative file summary suit against company to recover your dues
Hello,
1) As you have fulfilled all the terms and conditions of exit process, the onus is on the company to pay you the promised amount. Hope you have some paperwork that describes about the company's promise to pay 2 month's salary in lieu of you being asked to resign.
2) The legal action that you need to take at this time is to send a legal notice to the company seeking the payment to be made immediately or or face legal action at the appropriate court/tribunal.
3) If the company still fails to pay up, you can file a suit for recovery.
In this scenario you may file a civil suit for breach of the contract or you may approach the labour Tribunal for recovery of salary and compensation under the worksmen compensation act according to the contract act and specific performance act employer is bound to perform the contract as per the terms mentioned therein otherwise he shall be liable for the compensation under section 73 of the Indian Contract Act for the loss Borne by the employee and perform the contract under section 10 of the Specific Relief Act.
Mere communication may not result in payment of dues if the company is in the mood of avoiding such payment.
So now lodge complaint of cheating and criminal breach of trust against the directors for withholding your payment.
Once FIR is registered and police chase directors to arrest you can soon expect your money back.
you may file a money suite in the civil court to realise the money with all the proof and documents
Send a legal notice to the co. to seek recovery all your dues, including salary in lieu of notice period, gratuity and annual component.
If the co. fails to comply with the legal notice, you will have to take recourse to a legal proceeding.
Hello,
To start with you will have to send them a legal notice through an advocate in order to claim your salary and other dues.
If they fail to give the dues even thereafter then you will have to file a civil suit for recovery of arrears or in the alternative you can file a winding up petition.
Regards
Hi, it is advisable to serve the company a legal notice, asking to pay the due salary within 15 days .. If they do not comply with the notice, you can file a recovery suit against the company.. Where is the company head office??
1. Serve a lawyer's notice to the ex-employer to release your salary along with the cost of legal notice.
2. If salary is not released despite the notice then a suit for recovery of money may be filed in the civil court to seek unpaid salary with interest and legal cost.
1. Issue legal notice demanding the outstanding should be paid in 30 days.
2. If no satisfactory response or no reply then file recovery suit against the company.
You may get back to me to draft and issue a legal notice to them.
You need to serve first legal demand notice to clear the dues and provide them 15 days time period for that. If they fails, then you can file civil suit of recovery against them in a court of law.
You file a civil suit against company for your 1 month salary and some amount for your mental agony
The emails may not receive any proper reply or response.
Since the dues are not settled by the company, you may initiate proper legal action, by first issuing a legal demand notice and after that you may file a suit for recovery of money.
