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Avinash (Analyst)     17 July 2012

Salary withheld (private company)

My Ex employer with held my salary for the month in which i resigned and for the succeding notice period month for which i worked. I resigned in the month of March 2012, Ex employer is Punj lloyd Ltd , an EPC company, there are no replies or response from the HR head himself,when approached for an answer. How can i proceed to know when my salary with full and final settlement will be credited to me, or is it possible for me to file an RTI in this regard(since it is a private but listed company ).



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     18 July 2012

Dear Avinash,

If you are unable to receive your full and final payment for long time after making repeated attempts, then its best to send the company a demand notice through advocate alongwith its chairman, hr head and your reporting boss.

Incase you need any legal assistance you may call on 09324538481.

 

Regards

Kumar Doab (FIN)     18 July 2012

Mr. Dalmia has given valuable advice. Kindly follow it.

If in April you were serving notice period then for last 3 months employer is sitting on the payment of your wages. This is unfair and bad. It hints that employer is unwilling to pay. Any more wait shall be wastage of time. Employee has a right to demand interest and damages.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

Ideally company should handover all dues and payables and documents to employee by last day in office or within next 2 days.

In your case you have notified the company of last day in office/ effective date of resignation one months in advance and it was sufficient time to obtain all kinds of clearances, NOC’s, KT,   handover, exit formalities, exit interview etc. etc.

While you have fulfilled your part of contract by serving notice period and exit formalities employer and its Hr personnel should fulfilled their part of liability by settling the a/c in time.

 

HR has unfounded view that it has to hold on to the payables as it may have amounts to recover and adjust in FNF statement. An organized company would know by a click of the mouse payables by employee.

You may narrate all representations by phone (mention date, time, phone number, name of person called) in person, by email, letter etc, to your lawyer and let your lawyer by a notice under acknowledgment addressed to good offices of your appointing authority, MD, CEO, Chairman, Company Secretary, with a copy to Head-HR, reporting authority, and conclude that despite gentle reminders and representations payment of your dues (give detail) and documents (give detail e.g.  Relieving letter, form 16, attested copy of PF withdrawal or transfer forms, FNF statement, work experience/service certificate, NOC/NDC, etc) has not been supplied and demand that payment of your dues by bank DD and documents should be supplied to you by redg. post so as to reach you in next 7 days, failing which  appropriate forum may be approached.


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