Employer doesn't intend to pay my salary after resignation

Page no : 2

Kumar Doab (FIN) 23 February 2017

@ Deepak Sharma,

What was issued to you: offer letter or appointment letter?

Did you sign acceptance of any or both?

Did offer letter and/or appointment letter contain any clause that employer can deduct Rs.2500/month?

Did you get salary slip of all months?

Was it stated that employer shall refund it on LWD and pay interest on it?

What was your designation and nature of duties?

For how many months you have worked?

What was notice period inserted in appointment letter and tendered by you? Do you have copy of notice/resignation, proof of dispatch/delivery, and its acknowledgment from employer?

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

Sphurti 16 March 2018

Hi All,

I need guidance as I have left my company where I have worked for 05 years due to company instability. After giving proper resignation and serving proper notice as per policy and waiting from past 1 and half year for my full and final settlement, still I am not getting any reverts from the company. After contacting HR and visiting personally still no reverts from the company. I have received part payment in 03 installments and balance is still pending, from past 01 year no installment is paid.

I have my appointment letters, intercompany trasfer letters, increment letters, No due letter and experience certificate from the company wherein it states I have fullfilled all my duties and there are no issues left.

I have given 19 reminders on mail plus verbal communications, but still no replies.

Please advice.

Sphurti

Anurag (-) 29 April 2020

Hello Everyone,

I have a query as my HR Team sent a notice post covid-19 lockdown stating that the company is not in good financial position and may take harsh decision in future, further post announcement of IInd Phase of lockdown they sent Notice to Selected employees as below mentioned:

Terms and Condition :

You will be paid according to days you will be rendering your service.
You will be receiving subsequent week schedule for your service.
You need to be available for performing the required services when and if required by the company.
You need to be in continuous touch with your team lead for supporting in required work to perform accordingly.

Further i denied by stating the finnacial commitments and obligations i need to deal and replied that the company has not consented and discussed with me whether i am fine with this Freelancing work which was not replied by them, henceforth that compelled me to tender my resignation which they accepted quite easily.

Post acceptance of Resignation i raised 2 queries:

1. Whether i will get my Leave Encasement for leaves available: Which they replied YES.

2. As i Tendered my resignation as on 15th April 2020 and they replied that my last working day will be 30th April 2020: Hence i must get my Salary for 15 days of Notice Period: Which they replied that we have changed the terms and conditions(as mentioned above) which is effective from 16th April 2020, hence i am not eligible to get salary during my notice period also.

Kindly suggest me legal course of action to be initiated against the company as i am planning to go to labor department post lockdown and today the i have received mail regarding my handover details which i need to submit till 30th April, 2020(by tommorow) and also i came to know that they are planning to retain my final settlement amount due to handover.

Please suggest?