Resolving Unpaid Salary Disputes: Legal Steps and Employee Rights

Hello Everybody,

I am Parthosarathi Goswami. I am working at a software company as an SEO & Internet Marketing Personnel.

I have a problem that I want to share with you. Please provide me with the solution(s).

I left my previous company, Ani Infogen Pvt Ltd (Infogen Global), on 31st May '08. I have received the Proper Offer letter, Appointment Letter, and resignation letter (signed by the CEO).

They have not given me my salary for the month of May '08 yet.

I have sent several reminders. I talked with the HR Manager (who is now the wife of the MD). She informed me that she has left the company.

So please help me with your suggestions.

Best regards.

This is a usual practice of family concerns. You can see many who have the same grievance of not getting the last pay granted. If you have your relieving order with you, you can ask them to settle the salary. Merely holding an appointment order may not serve the purpose. Similarly, the signature of the CEO on your resignation letter cannot be accepted as a relieving order. It is only a confirmation that the CEO has seen your resignation or has accepted it. However, it will be after verifying the accounts and obtaining 'no objection certificates' from various departments that an official order relieving an employee from duties will be issued. Subsequently, the resigned employee will receive the last pay. A similar situation may apply to you as well.

In small organizations where HR or other functions are handled by the spouse of the MD/CEO, such formalities may not exist. Furthermore, when your HR Manager claims that she has 'left' the organization, you cannot expect any favors from them. Therefore, you are advised to write a letter stating everything and requesting the release of your pending salary. If no reply is received, write another letter with a more serious tone emphasizing your grievance and request a few minutes to discuss the matter. The third letter should be sent by registered post, worded as a 'claim,' and warning of potential legal action. Try that.

Regards, Madhu.T.K

Thank you, Madhu. I have given several reminders with the letter registered with AD. I've also sent a letter from a lawyer. The AD card of the legal notice has come back. However, my lawyer is advising me that he will not go for the court case because it is a matter of Rs. 9,500.

Please advise on what my next step should be.