Employer Not Paying Salary And Holding Certificates

Dear all,

I am working for a business school in Chennai. My employer has not paid me salary for the past three months, and they are also holding my certificates without returning them. Please suggest a solution for this.

Thank you.

Hi Vicky,

Have you resigned, as you have mentioned that your certificates are withheld? If you have resigned, then you shall speak to your new employer about the situation in your present company and shall take his advice on whether they are fine with giving you time for submission. Also, record all the email conversations in your present company regarding the same. You can raise a complaint with the local labor inspector. Before that, speak with an attorney and seek his help/advice.

Whether you have resigned or not, non-payment of wages is a violation of the Payment of Wages Act, and you should approach the area labor inspector for the release of your wages.

Secondly, holding your original documents by your employer is not legal. They might have retained the same with your consent under receipt/acknowledgment. So, you can demand their return.

P.K. Sharma

As advised by Mr. P K Sharma, both incidents are illegal. Salary for this month must be paid within the 7th to 10th of the next month. Any delay is illegal, and you are entitled to interest/compensation for such delay. Whether you are employed or not is immaterial. Please demand your salary in writing (registered post).

No company can hold your documents. Your documents are your property. Again, demand in writing to hand over all the original documents which are your property. If they fail, you can initiate a police complaint too.

Please note that demanding salary and demanding documents are different issues and should be dealt with separately. So, do not mix these two issues.