You can issue a legal notice to the company demanding your dues and F&F settlement
If they don't comply with the demands made you may approach court with a suit to recover the amount due to you from the company.
Not giving my salary
My company had a notice period of 30 days but at the time of joining my offer letter wasn’t signed by any manager, there’s just my sign on it and none of the management had signed on it. Coming to the point.. In December 2022 i had to leave the company because i was moving to Canada for my Higher studies, as my visa came late i had to put in my resignation and couldn’t complete the 30 days period but i had talked to the CEO and he said do what you want to and we will see it afterwards. My resignation was acknowledged on mail but now its been 3 months and still my company hasn’t paid my dues… also i did completed 14 days notice period with them if not 30 days still I haven’t been paid a single penny
Asked 2 years ago in Labour
8 Answers
I am in Canada if my company doesn’t comply will i need to be physically present in India to take this to the court?
Asked 2 years ago
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- If you have signed the offer letter , then you bound with the clauses mentioned therein , and to pay the notice period or to work
- Further, if your salary not paid by the company , then you can write a letter to adjust the amount and to pay the balance amount to you.
Yes, without your presence who you think will be interested in prosecuting the company.
It is your demand. your money hence it is who has to be present before court on the dates of hearing in order to get the desired reliefs.
Though you can give POA in favor of anyone to conduct your case through your lawyer during your absence, you will still be required to be present for giving evidence and for cross examination
you can issue legal notice to company to pay your salary dues
2) shortfall in notice period would be adjusted against your salary dues
3) if company fails to pay sue the company to recover your salary dues
you can execute POA in favour of family member to take legal proceedings against company
No, it's not like that, if you company didn't send you any show cause notice means it has been accepted your resignation.
You full and final settlement will come within 3 months after resignation. Kindly approach the HR for further information. And check what they are replying to you.
Yes you need tp
If your offer letter did not have the signature of any manager, it may be considered incomplete or invalid. However, it's important to check if there was any other employment agreement or contract signed between you and the company, which could mention the notice period and other terms and conditions of your employment.
If your resignation was acknowledged by the company via email, it can be considered as a valid communication from your end. In case the company has not paid your dues, you can send a formal email or letter to the HR department or CEO, mentioning the details of your employment, the resignation and the dues that are pending.
If there is no response from the company or if they deny paying your dues, you may consider filing a legal complaint with the labor department or seeking the help of a lawyer to resolve the matter. You may also check if there is any grievance redressal mechanism within the company that you can approach for resolving disputes.
