Unpaid wages- full & final settlement
I have been employed with a new start up Brand for an year starting from 28th April 2014 and as per my joining letter I was on probation period of six months and had to be confirmed in written after that period. In case, if the written document or a mail has not been sent to employee, the employee shall remain on probation period. Salary on time was always a concern and every month the payment was don by mid of commencing month only. For example salary for October month would get cleared after 15th November only. After 6 months I was not given any confirmation letter and late payment of wages being a major concern, I had resigned from my services on completion of 1 year on 30th April 2015 mentioning my relieving date on 7th May 2015 which was extended to 16th May 2015.
I had recently got married on 21st April 2015 and had some personal & professional reasons as the working culture had not been very professional and I did not find a growth in my learning career. As I had not been confirmed my notice period being 30 days and in case of short notice, deduction of 14 days basic salary was supposed to happen which I had agreed on. But on the last day the Employer unable to find a replacement for designation threats me to cut 2 months notice as per confirmed employee but I had not been given any letter of confirmation during my stay in the company. After too much of arguement both the parties agreed upon deduction of 1 month basic salary as short notice and HR has confirmed same via email.
Since I had not been paid salary of April month & May month I agreed so that I could get my wages as soon as possible. For that reason I agreed upon working for few extra days without being on payroll for the company as a favor for 4 days i.e till 20th May 2015 and handed over the Lap top to the company on 21st May. After regularly checking with HR he confirmed deduction of 30 days basic salary which I agreed as I was in need of money at that time which they promised to pay soon. After waiting for 45 days i receive a call from HR that there is an audit in office and I need to come to office to help in same assuring me the payment of my full and final settlement after this audit. I went to office premises and cleared the same on 27th June 2015 and asked them to clear my payment which they promised to pay withing a week. After 5 days when I had called the HR person on 2nd July 2015, he informs me that now Managing Director wants to have a word with me and thus holding my payment till the time I do not meet him. I tried calling my MD on his number and could speak once when he said was busy and will call back soon but that never happened. After that he left for Europe trip for 15 days. Now when I checked with the HR, he comes up with the point that he has been instructed by MD o cut 2 months basic salary and release the payment.
After his return, I waited for a week again but HR did not have a proper response. Yesterday I had send them a mail requesting to release the payment on which I received a reply that they need to deduct more money as Senior Management call. I called up my MD and he said that I had joined some other company after leaving their's and for that reason they need to take an action by deducting more on which I reminded him of contract letter but he refused to talk further and said it's my wish if I want money which they are offering or else I can go ahead with my plans and can do whatever I want.
After waiting for more than 70 days the Employer is not ready to pay me 1 month salary out of my 1.5 month unpaid salary. What is the legal action I can take against my employer and what is the minimum time of clearing full and final settlement. Also am I eligible for delay payment penalty as it has been too much of mental harrassment???