Ankit Govil 25 February 2016

Full & final settlement issue

HI. I was working with a Pvt Ltd company at Jaipur. I resigned from my job in August 2015 and served the notice period till November 2015. During that period I was promised compensation for days for which I was serving the notice period. On the day of my relieving, I signed a notarized non disclosure agreement with my employer as well.
I was not paid any salary during the notice period.
Subsequently, I have been paid the salary for the month of Spetember and partially for the month of October after multiple reminders from my side. So far till February 2016 I have not received the rest of the salary for the month of October or any salary for the month of November '15.

My questions are:

a) What options do I have in order to get my full salary amount. Can I take legal route. Should I send them a legal notice for payment of my dues.

b) Would the non disclosure agreement be valid if they have wilfully not shared with me a copy of the agreement and have also withheld a part of my salary.

Thank you for your response.

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2 Replies

Anish Thakur 7018812737 (advocate) 28 February 2016

You can claim your left salary alongwith your EPF money if any deducted by your employer and it is compulsory to deduct if emplyer has 17 r more employees

k.chandrasekharan (advocate) 05 March 2016

Date of relief from employment is not mentioned.

Unpaid salary is a money claim. After one more reminder and request for payment, and if no payment is received still, a money suit can be filed in the jurisdictional court. Time for disposal of civil suits varies from court to court and place to place, generally 18 months to 3years.

Limitation for filing such a suit would be 3years from the date of relief.Court fee for amount claimed is payable to court which varies from state to state. Assistance of a lawyer is necessary, as it may not be possible for a lay person to withstand the hassles of attending the court on multiple dates.

A cost benefit analysis to be made depending upon the amount involved and lawyer's fees which is to be negotiated by you.

Non-dsclosure agreement does not come in the way for filing the suit.