Company refusing to give salary
I worked with this company for 11months ,
And I put my resignation and agreed to serve a 2 months notice period which was accepted by the management,
After 11 days I.e during my notice , I felt sick and I took a leave of 5 days, for which I also gave a medical certificate. And informed that that as i am unwell, I will come in 4 to 5days as suggested by the doctor.
But on the 5th day , I get a relieving letter from the HR
stating that we relieve you on an immediate basis.
So I replied back stating to clear my salary of the notice period and incentives till date.
When I went to the office, they refused to clear my dues and put the blame on me that you want to leave the company. They told me we will give you salary only for the days you have worked. And then later told me that they would give me salary of one month.
But I recieved the salary only for the days that I worked.and not what they told me.
They blamed me for not following protocols I.e not submitting the mobile phone and replying the email in a bad tone , and hence we won't give you the salary.
On what basis can they stop my salary ?
Can I file a complaint against them ?
Asked in Labour from Ahmedabad, Gujarat
issue legal notice to company to recover your salary dues
if company refuses to pay file winding up petition against the company if salary is substantial amount
Hi, First issue Notice to the Company ask them to pay the salary due and if they refuse to pay the amount or fail to respond the notice then file a suit for recover of the money.
first of all issue a legal notice to them then file a complaint before labour commissioner and claim your dues from them.
the labour commissioner will issue a notice to them and try to settled the matter amicably if not possible then you may file a complaint before labour court and claim your dues along with interest, compensation and litigation chatges..
Feel free to Call
Advocate, New Delhi
A. I can presume that you have received salary till Resignation. Thereafter, you didn't get salary towards the notice period month.
B. Generally, employees are entitled to get salary during the course of notice period. However, no leave permissible except sick leave subject to sumission of Medical Certificate. In your case, you have not violated any code of conduct and policy of the company. Hence, you can claim your salary what you contributed your work during the course of Notice Period. You may issue a legal notice with respect to the same and later, you can approach Labour Court if no proper response. First, send a mail to HR and Reporting Manager in this regard.
C. Before comining to conclusion, verification of employment terms and conditions those which mentioned in the Appointment order and Company policy is mandatory. Hence, contact local lawyer with respect to the same.
When the relieving letter has been issued there is no ground to withhold the salary. Issue a lawyer's notice forthwith to the company to demand the release of your salary, and file a lawsuit for recovery if the notice does not produce the desired result.
If you have already received the salary for the days you have worked, how is that you are eligible for salary for non-working period?
Well you can issue a notice demanding your entitled salary/dues by a registered post and wait for their reply, if the company denies the ame for the reasons mentioned therein, you may consult a local lawyer and proceed with the recovery as per law or to ignore and discard the matter.