• One month salary on hold; resignation accepted by company

Dear Lawyers,

Please advice the steps that can be taken to get my salary which is due since May 2018. I have properly resigned which was accepted by HR and the Director. HR and Director illegally wanted me Notice of three months, whereas a Notice of only one month is applicable.

The Franchise of this company was previously for "Alfa People India Pvt. Ltd", It was sold to "AxSource Pvt Ltd" on April 2018. We were given reliving letter of "Alfa People India Pvt. Ltd" dated 31 Mar 2018 and Joining Letter of "AxSource Pvt. Ltd" dated 01 Apr 2018.

I resigned on 04 May 2018 and given Notice of one month, since all employees are in probation for first six months. The company refuses to accept it and is holding my salary.

Please Advice.
Asked 8 months ago in Labour from New Delhi, Delhi

You can find a money suit in the Civil Court against the company to get your money paid from the company along with the legal expenses in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

Issue legal notice to company to pay your salary dues 


2) if company fails to pay sue the company to recover your dues with interest 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

See issue a legal notice to the company for full and final settlement and further if they fail on legal notice then in that case you can file a complaint before the labour court for the recovery of the amount. 

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

Your employer is bound to accept your resignation and cannot refused it under any circumstances if you are serving notice period as per the terms and conditions of the employment agreement signed at the time of joining.


You should serve a legal notice to your employer asking them to pay your salary along with interest within 15 days of receipt of the legal notice. If they fail to do so, you can file a suit for recovery against them in civil Court.

Alternatively, a complaint can be given to the assistant labour commissioner.



Siddharth Jain
Advocate, New Delhi
4624 Answers
50 Consultations

5.0 on 5.0

If after 45 days, they fail to give your salary, then you can send a legal notice through a lawyer and despite legal notice they fail to pay your salary. Then you can file suit for recovery thereby demanding your salary, interest 24% and compensation for mental harassment and cost of litigation.

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

1) You can make complaint to Registrar of Company regarding this whatsoever you have narrated above. 


2) Before applying to registrar kindly check when full n final settlement amount your head office is going to provide you.

Ganesh Kadam
Advocate, Pune
7093 Answers
60 Consultations

4.9 on 5.0

You can send them a legal notice and claim the salary if they are not adhering to same you can file a complaint to labour commissioner and they will issue them a notice. Later if they don't pay you the same in mediation you need to pursue the complaint in labour court. If your case as per your job description does'nt come in labour court then you need to approach civil court for the same.

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though you served the notice period, but still you have not been paid for one month.
  2. I advice you to first let me go through the contract of employment, as tenant to examine for the purpose of knowing the clause for that probation period.
  3. If you are on the side of being in a state of benefit, then you should file a complain in the labour commissioner office.
  4. If they still don’t react then file a labour case agaisnt then asking for one month salary plus litigation expenses.

Sanjay Baniwal
Advocate, South Delhi
4766 Answers
11 Consultations

5.0 on 5.0

The present matter is fit to serve a legal/demand notice upon this company seeking immediate release of all your pending dues. 

After taking recourse to the above step, you can approach the National Company Law Tribunal straightway, in case your unpaid salary exceeds a sum of Rs. 1 lac. 

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

You send a legal demand notice with time stipulating for settlement of amount due to you.

Let them give a reply or comply with the demands made, you can file a money recovery suit against the company.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 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