Dues not paid after termination

Issue demand (legal) notice through your lawyer and follow it as per law, you are entitled and get it.

issued legal notice (through your lawyer) by raising  of all the issue mentioned above. If they reply or doesn't,  file a case in the competent court of law

 

 

Employee should not work if earned wages are not paid for 1 month and separate claiming notice period/pay has lost its sanctity under such circumstances of breach by employer.

 

 

The employee can lodge a complaint the moment his earned wages are delayed even by a day and employer can be penalized say by Rs.7500/instance.

What was the need for submitting resignation after the company has issued Termination Order?

Did you tender notice of resignation or resignation with immediate effect?

Have you obtained acknowledgment of submission of company property?

After the issuance of termination order company should ideally not accept resignation.

In case of termination you are entitled for 1 month notice period………………………………and notice pay if company chooses to tender notice pay in lieu of notice period.

If resignation with immediate effect is given effect  then company may adjust notice pay in FnF statement/settlement.

The notice period of 1 month in your case may not be necessarily applicable as you have posted you were not confirmed and were in probation period.

You may go thru following thread and other threads mentioned in it :

https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

If you are covered then you may contest the deduction of notice pay if applied by company claiming acceptance of resignation with immediate effect.

You have the option of lodging complaint with:

Inspector under Payment of wages Act

Inspector under Shops and Commercial Establishments Act

O/o Labor Commissioner

Civil Court

Criminal Complaint u/s 406,420

Winding up petition claiming  unpaid wages as debt on employer…………………….

 

 

Of course under proper guidance of your  Labor Consultant/Service Lawyer.

Yes I tendered notice of resignation. It was mentioned in the notice that letter issued on 21. 07.2014 & as per my terms of employment it is upto 28.07.2014 (As my confirmation was pending along with all other employees who joined with me or after me). I  received mail on 28.07.2014 from HR stating discontinution of services. They stated that the Company will bear us for a month. I said I don't need company pity. I tendered my notice with immediate effect and surrendered all the items issued to me viz. Laptop, ID Card, Access Card, Data backup etc. for which I have clearance form signed by all departments. My resignation has been approved mentioning my last working day as of 28.07.2014. They committed that they will settle down my F& F by 20.08.2014. But no payment received. I tried to approach them through phone call but they never receive my phone.

You can approach the lawful authorities mentioned in above post preferably thru your lawyer.

The company may yield to legal notice , demand notice or you may have to pull them to appropriate forum.

Under the circumstances as rightly advised by experts in the field, you can issue a legal demand notice after which, if there is no proper response, you may choose appropriate legal action.