Salary hold after resignation - Legal aids!!
Querist :
Anonymous
(Querist) 16 January 2010
This query is : Resolved
Sir,
I have resigned on 09.12.09 w.e.f. 07.01.10 after serving 6+ years in a company. Therefore I have given almost 1 month notice, as mentioned in my appointment letter. Now, Company has hold my Salary & other reimbursements, stating that all will come along with the Full & Final Settlement. All other employees has got their salaries. My question is :
1. Whether company can hold the notice period salary?? if yes, then how long?? and what about the salary from 01.12.09 to 08.12.09(Salary before notice period)?? isn't it suppose to pay along with all the others salary in the next month?? Please respond giving the reference of the concern Sections of the Law.
2. How long a company can take time to give the full and final settlement even after the notice period is over? Please respond giving the reference of the concern Sections of the Law.
3. If they are not giving the full and final settlement in time, where i will have to proceed further (out of the company) for get the F&F immediately
Please respond giving the reference of the concern Sections of the Law.
Best Regards
BKT
adv. rajeev ( rajoo )
(Expert) 16 January 2010
Company is bound to pay the notice period salary also.
How many days co., takes to settle your claim it cannot be answered. You have said that all other employees got their salary, whether they are also resigned or still working?
If too much delay is made settling your salary issue legal notice giving time to the company to settle the salary and other benefits available to you, even after receipt of notice comapny failed then your will have to approach the labour court.
Guest
(Expert) 16 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE SALARY DUES KINDLY NOTE THAT.
1.IN CASE YOUR DESIGNATION IS STAFF /WORKER AND NOT OFFICER YOU MAY FILE AN APPLICATION FOR RECOVERY AND PAYMENT OF SALARY AND OTHER DUES TO THE LABOUR /INDUSTRIAL COURT HAVING THE AREA JURISDICTION
2.IN CASE YOUR DESIGNATION IS MANAGER /OFFICER THEN YOU MAY APPROACH HIGH COURT OR MAY FILE A CIVIL SUIT FOR RECOVERY OF DUES.
YOU MAY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Querist :
Anonymous
(Querist) 16 January 2010
Sir(s),
Thanks a lot for your responses. I understand that notice period salary they can hold for some more time (Surprisingly no provisions are there to give some relief to the employees)but what about the salary for the prior to notice period??? (i.e. 01.12.09 to 08.12.09). All regular employees has got their salary for the month of December 09. My grade is Executive. How legal notice can help to get back my dues?? How Co can hold the salaries with out giving any notice to the employee tiil the last day of working???
Best Regards
BKT
Arul Kumar
(Expert) 22 January 2010
I Agree with Shri.Nandkumar.
