Hi Guys,
I was working with a company for 2.5 years. I got one appraisal when I was going to leave the company before 1.5 years ago. Due to some communication issues between me and my boss, I decided to resign (12-10-2021). However, my salary was due to come after 2-4 days (16-10-2021). I resigned due to their misbehavior of implying that I would have to beg for forgiveness, among other things. Now, they are asking me for a notice period. I started giving approximately 5 days' notice (starting today). However, I have not received my last month's salary, so I asked them to please release my salary. I offered to hand over all projects and equipment since I am working from home. They responded (after five days) that they do not need my notice period; they want their software, which I was already planning to give them.
They further informed me that they will test the code and software with another developer whom they will hire. It has been 5 days since my resignation, and I have realized that I may not receive my salary. They do not accept my resignation and are withholding my documents. I am extremely frustrated as I am in a financial bind. When I mentioned going to the labor court, they dismissed me, saying I should go to court to claim my money. Additionally, they mentioned that they would charge me if any bugs are found in the software.
Guys, please advise me on what steps I should take and what my legal rights are.
Thank you.
From India, Delhi
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I was working with a company for 2.5 years. I got one appraisal when I was going to leave the company before 1.5 years ago. Due to some communication issues between me and my boss, I decided to resign (12-10-2021). However, my salary was due to come after 2-4 days (16-10-2021). I resigned due to their misbehavior of implying that I would have to beg for forgiveness, among other things. Now, they are asking me for a notice period. I started giving approximately 5 days' notice (starting today). However, I have not received my last month's salary, so I asked them to please release my salary. I offered to hand over all projects and equipment since I am working from home. They responded (after five days) that they do not need my notice period; they want their software, which I was already planning to give them.
They further informed me that they will test the code and software with another developer whom they will hire. It has been 5 days since my resignation, and I have realized that I may not receive my salary. They do not accept my resignation and are withholding my documents. I am extremely frustrated as I am in a financial bind. When I mentioned going to the labor court, they dismissed me, saying I should go to court to claim my money. Additionally, they mentioned that they would charge me if any bugs are found in the software.
Guys, please advise me on what steps I should take and what my legal rights are.
Thank you.
From India, Delhi
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You resigned from the company without notice. Then you are not willing to hand over the project and their laptop.
Now, finally, when they are holding your salary back, you are willing to give the code but not willing to let it be reviewed and verified.
Frankly, if I were your employer, I wouldn't pay you either. Your ability to fight this in labor code is weak, especially if your salary is above the limits specified in the act.
From India, Mumbai
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2493Now, finally, when they are holding your salary back, you are willing to give the code but not willing to let it be reviewed and verified.
Frankly, if I were your employer, I wouldn't pay you either. Your ability to fight this in labor code is weak, especially if your salary is above the limits specified in the act.
From India, Mumbai
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Dear Bunty Goswami,
It is a gross mistake on your part to resign so early, especially prior to the disbursement of last month's salary.
The reason for your resignation is not the primary concern at this moment; the main issue at hand is the outstanding salary.
Either you or your advocate should write a letter to the management stating that you, or my client, will not return the laptop, software, hardware, or any work completed unless the last month's salary is paid. Do not be swayed by their promises and do not give in. It would be advisable to start looking for another job.
Thank you.
From India, Mumbai
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It is a gross mistake on your part to resign so early, especially prior to the disbursement of last month's salary.
The reason for your resignation is not the primary concern at this moment; the main issue at hand is the outstanding salary.
Either you or your advocate should write a letter to the management stating that you, or my client, will not return the laptop, software, hardware, or any work completed unless the last month's salary is paid. Do not be swayed by their promises and do not give in. It would be advisable to start looking for another job.
Thank you.
From India, Mumbai
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Salary-Note.doc
SALARY SHEET CALCULATION.xls