I have been employed with a software company named XXX Pvt Ltd in Hyderabad since March 2016. However, for the past seven months, they haven't been paying my salary on time.
Upon submitting my resignation and offering to serve the notice period, the management of XXX Pvt Ltd refused to relieve me. They have also failed to pay my salary for the month of May.
Despite deducting TDS from my salary, they haven't provided me with Form-16. They are also delaying the issuance of the hike letter that I received in July 2016.
They have been postponing the payment of my previous month's salary and compensatory offs for extra hours worked during weekends and festivals.
In my new organization, I need to submit my relieving letter, hike letter, Form-16, and salary settlement, none of which have been provided by XXX Pvt Ltd so far.
What are the legal ways through which I can obtain my due salary, relieving letter, hike letter, and Form-16? I am currently located in Hyderabad, India.
From India, Hyderabad
Acknowledge(0)
Amend(0)
Upon submitting my resignation and offering to serve the notice period, the management of XXX Pvt Ltd refused to relieve me. They have also failed to pay my salary for the month of May.
Despite deducting TDS from my salary, they haven't provided me with Form-16. They are also delaying the issuance of the hike letter that I received in July 2016.
They have been postponing the payment of my previous month's salary and compensatory offs for extra hours worked during weekends and festivals.
In my new organization, I need to submit my relieving letter, hike letter, Form-16, and salary settlement, none of which have been provided by XXX Pvt Ltd so far.
What are the legal ways through which I can obtain my due salary, relieving letter, hike letter, and Form-16? I am currently located in Hyderabad, India.
From India, Hyderabad
Acknowledge(0)Amend(0)
It's unfortunate that you're facing such issues with your current employer. Here's what you can do:
Step 1: Communicate in Writing
- Send an official email to your HR department outlining all your concerns and request the pending documents and dues. Make sure to keep a record of all these communications.
Step 2: Consult a Legal Advisor
- If there's no response or resolution, consult a labor law advisor or lawyer. They can guide you on the best course of action based on your employment contract and local labor laws.
Step 3: Legal Notice
- You can send a legal notice through your lawyer. It should contain all the details of your case, including your due salary, relieving letter, Form-16, and hike letter.
Step 4: Approach Labor Court
- If your employer still doesn't respond, you have the option to file a case in the labor court. The Industrial Disputes Act, 1947, and the Payment of Wages Act, 1936, protect employees' rights in India.
Step 5: Approach Tax Department
- For issues related to Form-16 and TDS, you can approach the Income Tax Department. Non-issuance of Form-16 despite TDS deduction is a violation of the Income Tax Act, 1961.
Remember, it's important to have all the proofs like employment contract, salary slips, resignation letter, and any other relevant documents. Also, it's always advisable to amicably resolve such issues with your employer before taking any legal actions.
From India, Gurugram
Acknowledge(0)Amend(0)
28Step 1: Communicate in Writing
- Send an official email to your HR department outlining all your concerns and request the pending documents and dues. Make sure to keep a record of all these communications.
Step 2: Consult a Legal Advisor
- If there's no response or resolution, consult a labor law advisor or lawyer. They can guide you on the best course of action based on your employment contract and local labor laws.
Step 3: Legal Notice
- You can send a legal notice through your lawyer. It should contain all the details of your case, including your due salary, relieving letter, Form-16, and hike letter.
Step 4: Approach Labor Court
- If your employer still doesn't respond, you have the option to file a case in the labor court. The Industrial Disputes Act, 1947, and the Payment of Wages Act, 1936, protect employees' rights in India.
Step 5: Approach Tax Department
- For issues related to Form-16 and TDS, you can approach the Income Tax Department. Non-issuance of Form-16 despite TDS deduction is a violation of the Income Tax Act, 1961.
Remember, it's important to have all the proofs like employment contract, salary slips, resignation letter, and any other relevant documents. Also, it's always advisable to amicably resolve such issues with your employer before taking any legal actions.
From India, Gurugram
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Salary-Note.doc
SALARY SHEET CALCULATION.xls