Delay in payment of full and final settlement
I was working with a company for three years and a half.I resigned in March with my last working day was 20th March 15. It has been over 2 months now and I am yet to receive the salary for the month of March and the necessary dues. Each time I call I get lame excuses one after the other. Now the HR person has stopped answering my calls and when I finally got one of my friends at office to personally meet him and speak to me over the phone, he said, that the cheque has been misplaced and will take another week or two to come through.
I seek your counsel in this regard. Is there any legal remedy for the situation. Please suggest and advice.
Asked in Labour from New Delhi, Delhi
1. Personally meet the HR person and request him to clear your dues by giving a fresh cheque in your favour.
2. Send a legal notice through a Lawyer to the company to act forthwith.
3. Complain against the company to the Labour Commissioner for unfair trade practises.
Of course . Where there is an illegal wrong there is a legal remedy. You can file a suit for recovery of amount.due. But since your ex employer is not refusing to pay, you wait a while more before taking the legal steps. It is not a short cut in law too. If you don't get response for some more time serve a legal notice on the employer. That will suffice to move your employer fast.
Advocate, New Delhi