Arrears of salary - urgent help
Ria
(Querist) 12 April 2010
This query is : Resolved
Respected experts,
I resigned from my company in January 2009 after giving my company due notice as per company rules, but since the company did not have enough funds the company did not paid me my 4 months salary at the time of my resignation. But the company had given me written assurance that they would pay my dues at the earliest.
The company after numerous requests, in this year around January 2010 sent me a mail asking me to collect my dues on a given date, but on reaching there they informed me that they will give me another date for settlement of dues.
Now the situation is that they neither attend my calls nor respond to my written requests via email asking for settlement of dues.
1) Please guide as to the next step that I need to take ?
2) Is there any limitation period for claiming the arrears of salary ?
H. S. Thukral
(Expert) 12 April 2010
You can file a suit for recovery of the amount due alongwith interest after serving a notice on the company. Limitation period is three years when the salary became due.
Ria
(Querist) 12 April 2010
Thank you for the guidance sir. I would also like to mention that I was forced to sign a full and final settlement letter with the company, in order to receive my relieving letter.
Will this weaken my case against the company ?
H. S. Thukral
(Expert) 13 April 2010
Yes. Your case is weakened after signing a full and final settlement. Earlier the onus of proving that you have been paid salary for the period was on employer. In the new circumstances the burden is on you to prove that you have not received the salary.
