Send a legal notice. Then file a complaint before labour commissioner office other wise file suit before labour court for recovery of salary. Contact me through kaanoon.My contact is 9a7g6g9g4e9i0f9f1a1
Refund of one month salary
Sir, This is Mangesh Bansod, I had work with St. Wilfred's Institute of Pharmacy from 20 Aug. 2016 to 31/12/2019. In month of Dec 2019 , I resigned on 16th dec 2019 and state 30 days notice period from 16 dec 2019. But due to joining ti another college from 1st jan 2020, I could not complete the 30 days notice but I have completed work from 1st Dec to 31 Dec 2019 ie competed whole moth. but till college didnot give me dec 2019 salary. and they also took 15 days salary from first salary of job ie sep 2016 as a security deposit. Due to all they didnot give me one and half month salary. During my job tenure , I worked as per Institute policy and overtook all responsibility they give me. please suggest me the way how I will get my Dec month salary.
Asked 6 years ago in Labour
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10 Answers
Send legal notice first for release of salary and reliving letter. Still not paid than complain to Director of Education.
since you have failed to serve the one month notice period your employer has refused to pay you one month salary
management has adjusted one month salary against notice in lieu of salary
You have to give them a legal notice and if yhey do not respond then file a case in the labour court.
If you were required to compensate money from your salary towards the un served notice period of 15 days upon your resignation, then the company would deduct the said amount from your salary and may make the final settlement after reconciling all the dues from you and from them.
It is hardly one month from the day you have quite the services, hence you may wait for some more time for the settlement in full, you may also be in touch with the office staff about this and ascertain the current status of settlement.
If you are made to wait or if you feel that the delay is inordinate then you may issue a legal demand notice sent by registered post which will be the first legal step in this regard after which you can file a money recovery suit as per the necessity or the circumstance prevailing at your end.
File an application under the Payment of wages Act for illegal deduction before the competent authority.
You may claim your due salary after adjustment of the notice period by the institute and they cannot hold any money of yours including the experience certificate and relieving letter only concern in this case is the institute has to recover the amount that is already available with them in form of the security deposit and December 2019 salary.
In case you face any problem in getting that send a legal notice to the institute and in case they do not respond when file is civil suit for recovery of the amount along with the legal charges and compensation
See since you have not served the notice period the institute can adjust the salary against the notice period though if no communication at this stage is received from institute you can ask for you salary i.e. full and final settlement and for the experience letter and reliving letter. In case she on your letter/notice they fail to refund you same see it won't be of any use to contest it court as they according your employment terms can seek for amount for notice period.
if there is no salary hold clause mentioned in appointment letter then you are liable to take legal action.
1. You should send them for release of salary which is illegally deducted by employer.
2. They only have right to deduct 15 days salary as you let the job 15 days before completion of notice period.
3. If they refuse to release the salary you can file suit for recovery of salary which was deducted illegally.
