Avijit Kushari 30 June 2015

Final settlement salary not released by employer

Dear Expert,

I have working in a stock broking company from Nov 2011 to May 2015. My last salary was Rs. 59000/- pm. I was leaving the Company on 25th May 2015 giving proper resignation and serve the notice period. The MD of the Company accept my resignation. At the time of final settlement the Company released only 12400 as salary for the month of May 2015. Where as I have worked 22 days in the Company (3 days leave I was taken). The 22 days salary would be 44000/- but received only 12400. After several mails to the MD of the Company I was not get any reply from them.

Please advice how can I recover my balance salary from the Company.

regards,

Avijit Kushari

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6 Replies

saravanan s (legal advisor) 01 July 2015

send them legal notice demanding them explanation amd a time frame for them to disburse the final amount failing which you will file a case in the labour court

Kumar Doab (FIN) 01 July 2015

Has the company supplied last month salary slip,FnF statement showing the computation of days worked, earned wages, leave encashment,OT,Bonus,incentives, deductions if any? If NO demand it.

If yes and even if NO decline to accept it in writing.

Has it been stated in appointment letter that notice pay @...............say basic is applicable during notice period?

Avijit Kushari 06 July 2015

Dear sir, As i m not getting any response from my ex employer for my balance salary of may after giving 10 to 12 mails. After getting your message i have send a final reminder mail to my ex employer and clearly stated if my balance final settlement amount within 8.7.2015 will initiate legal procedures to recover the same. The md of the compaby send me reply immediately and mention that due to non performance ground he will not release my full salary. Where as i m not getting any previous written notice from him nor the same was mentioned in the appointment letter. Also the co was not releasing my nism certificate which i have appear through the company but not sign any docs that after i leave the co the co can use the certificate. Please guide and advice how i will realised the money and release the certificate fromb ex company. Regards Avijit kushari

Kumar Doab (FIN) 06 July 2015

You have posted that:

"My last salary was Rs. 59000/- pm. "

Does it contain any performance related component?

If not then:

59000/26 is your per day saalry

59000/26/8 is you per hour salary.

59000/26*22 is your salary for 22 days.

Performance has nothing to do with earned wages.

During work hours employee is at the disposal of employer and employer ha staken work from employee and has to pay the promised wages.

You have been able to extarct a written reply from employer and now you may show your appointment letter, wage sheet, CTC sheet etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and draft a suitable reply to MD and raise you demand.

Cheney 10 July 2015

It is very bad they are not giving your salary you work it is your right. Send them legal notice demanding them explanation amd a time frame for them to disburse the final amount failing which you will file a case in the labour court.