Hi, Dear all!
I am in desperate need to find the solution to an HR related problem that I am presently facing. This is I, staying in Delhi, and I joined a Mumbai-based company with a branch office in Delhi. While serving for about 17 months at a managerial level, suddenly two months back, my salary for the previous month was withheld without assigning any reason, and I was forced to resign immediately.
Ultimately, keeping in view all pros and cons, I resigned in good faith that my earlier salary would be released, followed by the full and final settlement in a few days. Even after submitting my resignation, my salary has not been released. I contacted our HR manager, and I was told that I would receive it with the full and final settlement after 45 days as per company rules.
Today, even after more than 45 days have passed, I am continuously following up with the HR department, but there is no satisfactory reply. Kindly guide me on whom to contact in this situation.
From India, Lucknow
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1I am in desperate need to find the solution to an HR related problem that I am presently facing. This is I, staying in Delhi, and I joined a Mumbai-based company with a branch office in Delhi. While serving for about 17 months at a managerial level, suddenly two months back, my salary for the previous month was withheld without assigning any reason, and I was forced to resign immediately.
Ultimately, keeping in view all pros and cons, I resigned in good faith that my earlier salary would be released, followed by the full and final settlement in a few days. Even after submitting my resignation, my salary has not been released. I contacted our HR manager, and I was told that I would receive it with the full and final settlement after 45 days as per company rules.
Today, even after more than 45 days have passed, I am continuously following up with the HR department, but there is no satisfactory reply. Kindly guide me on whom to contact in this situation.
From India, Lucknow
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Hi,
Ask for an explanation as to why your salary is being withheld. Contact the person to whom you were reporting, if not HR, to inquire about any outstanding dues on your side. You haven't mentioned the reason for your resignation. Was it mutual, or is it one-sided? Speak up. They should provide a proper explanation for why your salary is being denied. First, find out the reason. If there is no mistake on your part, then we will be able to suggest more appropriate actions.
From India, Madras
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Ask for an explanation as to why your salary is being withheld. Contact the person to whom you were reporting, if not HR, to inquire about any outstanding dues on your side. You haven't mentioned the reason for your resignation. Was it mutual, or is it one-sided? Speak up. They should provide a proper explanation for why your salary is being denied. First, find out the reason. If there is no mistake on your part, then we will be able to suggest more appropriate actions.
From India, Madras
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Thank you for the response. Is there any provision within the company to withhold the salary without specifying the reason? I was asked to resign without any explanation given. Yes, it was mutual, and despite submitting my resignation, it has not been accepted to this day. If you need more information, please feel free to ask. You can also reach me at avsolution.support@gmail.com. Regards, Sandy
From India, Lucknow
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From India, Lucknow
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Hi Sandy,
No company can deny or hold salary. There is no provision whatsoever. Send a letter through registered post with an acknowledgment card stating your Date of Joining, Employee Number, Department/Division, Date of Relieving as such, and mention your salary is pending from such and such date. Despite your repeated calls, it has not been cleared to date. Don't forget to mention that HR or the concerned person has assured salary after 45 days but still pending. Ask for the reasons withheld. Any written communication will be addressed by the company. So, don't send an email. Send a registered post with a card.
"You block your dream when you allow your fear to grow bigger than your faith."
From India, Madras
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No company can deny or hold salary. There is no provision whatsoever. Send a letter through registered post with an acknowledgment card stating your Date of Joining, Employee Number, Department/Division, Date of Relieving as such, and mention your salary is pending from such and such date. Despite your repeated calls, it has not been cleared to date. Don't forget to mention that HR or the concerned person has assured salary after 45 days but still pending. Ask for the reasons withheld. Any written communication will be addressed by the company. So, don't send an email. Send a registered post with a card.
"You block your dream when you allow your fear to grow bigger than your faith."
From India, Madras
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Thats fine..Remember not to exceed more than 1 month salary to the lawyer.:-P. Update the progress.
From India, Madras
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From India, Madras
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Dear ksa04,
Hope you are doing well. To date, I have not received any reply from our HO.
1. Can you suggest where should I approach for the earliest solution?
2. Can I put up the case in MRTP?
3. If NO, then can I also go to the labour court? Also, kindly comment under which clause. (FYI, I was at the manager level.)
Regards,
Sandy
From India, Lucknow
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Hope you are doing well. To date, I have not received any reply from our HO.
1. Can you suggest where should I approach for the earliest solution?
2. Can I put up the case in MRTP?
3. If NO, then can I also go to the labour court? Also, kindly comment under which clause. (FYI, I was at the manager level.)
Regards,
Sandy
From India, Lucknow
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Dear Sandy,
You have mentioned you were working at a managerial level, but as what? Were you in Sales or Marketing? My company does have a clause in the Employee Manual that for sales/marketing/customer service, if there is any outstanding payment from customers, then we can hold the final settlement until it gets cleared or adjusted in the full and final settlement.
As for your query, no company can hold salary without giving reasons. So, you have all the rights to ask for a reason.
From India, Mumbai
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You have mentioned you were working at a managerial level, but as what? Were you in Sales or Marketing? My company does have a clause in the Employee Manual that for sales/marketing/customer service, if there is any outstanding payment from customers, then we can hold the final settlement until it gets cleared or adjusted in the full and final settlement.
As for your query, no company can hold salary without giving reasons. So, you have all the rights to ask for a reason.
From India, Mumbai
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Hey Sandy,
Don't feel bad. You, please go to the labor court and send a notice to your employer for full and final settlement. I may suggest one more thing: if you have the contact email of your MD, chairman, or BOD, then email them mentioning your problem with HR and cc the HR. Okay, then see how quickly they will release your salary.
Regards,
Shine:icon10:
From India, Bhopal
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Don't feel bad. You, please go to the labor court and send a notice to your employer for full and final settlement. I may suggest one more thing: if you have the contact email of your MD, chairman, or BOD, then email them mentioning your problem with HR and cc the HR. Okay, then see how quickly they will release your salary.
Regards,
Shine:icon10:
From India, Bhopal
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The Indian legal system is very lengthy and tough. It is advisable to consult a reputable lawyer; otherwise, your total expenses could amount to 70,000 rupees for a sum of 50,000 rupees. When dealing with court proceedings, it is recommended to demand high compensation, ranging from 2-3 lakhs, for delays and mental harassment. Seek assistance from a well-known lawyer; may your issue be resolved promptly. Alternatively, resorting to threats towards the HR manager and resorting to violence is not a recommended course of action.
From India, Pune
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From India, Pune
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Hi Sandy,
Hey, consult a lawyer and send a notice to your employer. He may be in a position to suggest what will be more appropriate. I will also get back regarding this.
Have they given you an experience or relieving letter and didn't pay salary only, or is it both? Some companies do give an experience letter but deny salary. What is your case?
Check whether they have done PF deduction for you. If so, do a small search on this website. You will get broad ideas.
I'm fine, thanks so much.
"When you are right, you need not be angry. When you are wrong, you have no rights to be angry." - Mahatma Gandhiji
From India, Madras
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Hey, consult a lawyer and send a notice to your employer. He may be in a position to suggest what will be more appropriate. I will also get back regarding this.
Have they given you an experience or relieving letter and didn't pay salary only, or is it both? Some companies do give an experience letter but deny salary. What is your case?
Check whether they have done PF deduction for you. If so, do a small search on this website. You will get broad ideas.
I'm fine, thanks so much.
"When you are right, you need not be angry. When you are wrong, you have no rights to be angry." - Mahatma Gandhiji
From India, Madras
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