Not getting my remaining salary of two months
Shailendra
(Querist) 15 March 2013
This query is : Resolved
Hi All,
I am in the need of some quick guidance from the experts.
I had joined a reputed eLearning company in December 2010 and resigned in the month of July 2012. Before leaving the company I had served a notice period of one month and full filled all the required formalities properly on time as per the company policies. The company promised me to give my remaining two month salary (amount RS. 54,808/-). But from that time I am waiting for my salary (for about eight months). In each month the HR gave me a fake promise and then said that we are running sort of fund. Please help me what should I do?
Adv k . mahesh
(Expert) 15 March 2013
have you sent any communication in writing and also meet your head of the department personally and discuss and let know the how much you are suffering
if you are not having any communication then now give a detailed letter with acknowledgement
Shailendra
(Querist) 15 March 2013
Hi sir,
Yes, I called her she said drop a mail to HR and CC to me. I have done that and again she said keep reminding the HR department in each 15 to 20 days. We are running short of fund we are also not getting our salary on time.
Adv k . mahesh
(Expert) 15 March 2013
they are not getting salary on time but getting salary
ask them to give in writing
Raj Kumar Makkad
(Expert) 15 March 2013
Nothing to add more in the given advice of the experts.
prabhakar singh
(Expert) 15 March 2013
It seems the employer is facing financial crunch,keep on communicating,you need to wait for some else suit for realization would be your remedy.
Shailendra
(Querist) 15 March 2013
Yeah! But from the past eight months they are not giving me proper idea how much time it will take. I have a mail from their side describing: Full and final settlement calculation amounting to Rs. 54,808/- payable to me. May I use it as proof against them if needed? By the way I am in mood to wait for sometime but I will surly take a legal action against them if I will not get the money in proper time line.
prabhakar singh
(Expert) 15 March 2013
If the amount due from your calculation is different and more than one admitted by them to be Rs. 54,808/-,you should reply confronting this mail telling them actual dues they owe you besides preserving this mail.
Shailendra
(Querist) 16 March 2013
The amount is OK and I need that money but they are holding my amount for such a long period of time without giving any interest over it.May I take a legal action against them if they will not give me that amount with in one year??
prabhakar singh
(Expert) 16 March 2013
Yes! It is a wrongful with hold causing interest loss to you but since there might be no agreement for interest between you two,it can be claimed only from the date of notice.
In such a scenario send a mail that if your dues are not paid with in 15 days of the service of the mail you would be claiming interest @..%per month over the salary dues
because circumstances has forced you to borrow and buy on credits from shops even for necessities of life.Every where you are facing trouble,in paying house rent,for daily cash needs and for food and grocery etc.
Shailendra
(Querist) 16 March 2013
Ok! Thank you so much sir.
Shailendra
(Querist) 30 April 2013
Sir, Can you guide me how can I take a legal action against the company because they have started ignoring my calls and emails.
ajay sethi
(Expert) 30 April 2013
contact a local lawyer . issue legal notice for recovery of your salary arrears
