How To Recover Salary Dues? Need Guidance And Options

I had worked as an Area Manager in a courier firm from Sep 12 to Nov 12. On mutual consent, I resigned on Nov 31st, 2012. I gave a resignation letter and handed over my mobile as well. It has been more than 7 months, and I am still following up for my salary. However, I have not been able to recover the amount due, which is $21,755.

There is no offer letter from the employer; however, I have a salary certificate signed with a seal and signature on the company letterhead. Additionally, I have an email trail where the employer has confirmed that they will pay me.

What options do I have now to recover my dues, legally as well?

Hi Ramesh,

7 months is just too late, and I can see the employer does not want to pay you. Immediately send a legal notice through an advocate.

Ukmitra

Do you have the attendance record proof to demand salary? Have you not signed any letter, i.e., offer/appointment or Standing Orders during your tenure with the company? Did you receive all other papers regarding your relieving experience before filing/approaching the legal? The reason behind asking is that once you go legal, it should not backtrack you and will spoil your career.

Dear Ukmitra,

Thank you for your guidance. Is my paperwork sufficient to proceed legally? What would be the cost for going legal, and what is the time frame to get a result?

Thank you.

Dear Saji,

There is no appointment letter, offer letter, salary slip, or attendance record with me. Upon my request, they issued me a salary certificate on letterhead signed by the owner with a seal and signature. I have a long email trail following up for my salary, and he has personally responded, confirming that he will pay me.

Dear Ramesh,

Was there any PF deducted from your monthly salary, and do you have your PF number? Are you presently employed? If so, you can approach the Labor Department and file a case. I hope you have received all the documents, and only the final salary/settlement is pending. It would be better if you could consult a Statutory Consultant with all the relevant documents beforehand.

Dear Mahesh,

No deduction for PF in the previous and existing company. They issued me a salary certificate on letterhead signed by the owner with seal and sign. I have one long email trail follow-up for salary, and he has personally responded, confirming that he will pay me.

What options do I have with the existing paperwork?

Dear Ramesh,

Please consult with a Statutory Advocate and proceed with serving a notice to the company regarding your pending salary and the interest on the amount for the period it has been withheld.

Thank you.

Dear Ramesh,

In my opinion, if your single signature on any company documents is a valid proof to legally fight with the company. You could file a case in the labor court, and believe that 99.99% of decisions come in favor of the employee in labor court. Send him a legal notice and observe the effect. He will surely respond to you.

Dear Surendraji,

I have a salary certificate only signed by the proprietor on the company letterhead and email confirmation from him to clear my dues. Are these papers sufficient to pursue legal action? How should I approach the labor court? Are there any defined norms or specific paperwork required for the same?

Thank you.