Last Month Salary Not Paid - After Leaving A Company

Hi,

I have left my company after working for 2.5 months with the proper procedure of resignation and relieving. I have received all legal documents like the relieving letter and experience letter. Initially, they told me the settlement would be done in 45 days. However, it has been almost 4 months since I left, and the settlement is still pending. I have been following up for the last 2.5 months, but there has not been a proper response, and it is still pending. Even when they do respond sometimes, they simply say it will be done this month.

Please advise on what I should do.

Regards,
Shanth

Hi Shanth,

How have you done the communication? Oral or written? If you have the written communication with you, it is good for you. This way, you have the proof that you can use in the future if need be.

Write them a firm yet polite email/letter asking to clear your salary as soon as possible, or else you will be forced to take action due to the salary not being paid despite waiting for it for a long time. Many companies pay out to avoid any legal action. If they remain stubborn, you always have the choice to pursue legal options.

Hi Deepa,

Thanks for the reply. Yes, I have had a long email chain with the HR Manager. He replied twice, stating that the matter will be settled this month. Initially, he used to receive my calls and assure me that it would be settled soon. However, nowadays, he neither answers my calls nor responds to my emails. I am exhausted from constantly following up with them, sending polite emails every week. The only solution I currently see is to inform them that I will pursue legal action if the matter is not resolved within the next month.

What would you suggest? Could you provide guidance on the legal process?

Regards, Shanth

Dear Shanth,

The senior members sometimes hesitate to contribute or express their opinion due to the reasons that the queries do not provide complete inputs. What we expect from them is that they should invariably give the following particulars:

(i) the type of organization where they work
(ii) Nature of activities undertaken by the organization
(iii) Position and their salary of the queriest
(iv) Place of work
(v) Number of workers/employees serving in the organization and similar other information relating to the service conditions.

In absence of the above particulars, I can only suggest you to approach the Authority appointed under the Payment of Wages Act, 1936 of the State/Central, as the case may be, and raise a claim before him for the delay in payment of wages under Section 15 of the Act.

BS Kalsi
Member since Aug 2011

Dear Shanth,

You may escalate the same issue to the HR Head of the company with the previous trail emails. If the HR Manager is the only person in the company with whom you are dealing, it's better to escalate this to the higher management of the company.

Regards,
Sekhar

Hi,

I have written several polite emails to the HR team but have not received a proper response. It has been 5 months since the salary settlement has been pending. In my last email, I also mentioned that I would be forced to proceed with legal action if it is not settled this month (May 2014). However, I have not received any response from the higher management team or the HR team.

Please suggest how I can proceed legally to send them a notice and to whom I should address the notice.

Regards,
Shanth