Claims
mrs. vijayalakshmi
(Querist) 29 October 2013
This query is : Resolved
Sir,
I have worked in a Pvt. firm for the past eight years and left the firm since the salary was not paid regularly. Now when I left 5 months salary is due , so i had no other alternative and submitted my resignation and left the firm. Now how do I claim my salary , PF and gratuity. My appointment order says two months notice before leaving the firm. Please advice.
vijayalakshmi
ajay sethi
(Expert) 29 October 2013
did you give 2 months notice before leaving the firm . if 5 months salary is outstanding issue legal notice to company to settle all your outstanding dues
mrs. vijayalakshmi
(Querist) 29 October 2013
Since the salary payment was inconsistent I could not decide and wait for another two more months without salary hence resignation.An overview is as follows: below
1.
Nov. 2012 full month salary not paid
Dec. Half month not paid
Jan. & Feb 2013 not paid
2. Again Aug. Sep. 2013 not paid
So on Oct.10th 2013 I submitted my resignation.
In this scenario how can I give a notice period where we are not sure whether we are going to be paid or not. Everything is uncertain.
Can I send you a mail giving the full history. And how do i go about in this legally !
Rajendra K Goyal
(Expert) 29 October 2013
You have not mentioned whether company has replied to your resignation letter or not and if replied what was the reply?
Write to the Company to settle all your dues immediately and after waiting 15 days serve legal notice. Keep all the records and proof of sending letter to the company.
Raj Kumar Makkad
(Expert) 30 October 2013
You salary for 2 months shall be deducted by employer and rest of due amount is required to be paid to you. Serve a legal notice through your lawyer.
mrs. vijayalakshmi
(Querist) 30 October 2013
When I gave my resignation he refused give an acknowledgement, though I insisted on waiting he said he will call me. He called through his subordinates requesting me to rejoin for which i refused. What am I to do? I have all the records as to Epassbook of my PF, Income tax paid details , everything I dowloaded from the net and have a print out. Though he has not paid my salary but to the IT office he has stated paid. But my bank A/c CR does not reflect and there is mismatch in IT declaration which is reflected through Net.
ajay sethi
(Expert) 30 October 2013
contact a local lawyer . issue legal noptice to company to pay your outstanding dues . since you did not give 2 months notice effctively 3 months salary is due
