Is a resigned employee eligible to get arrears in wages after his resignation for the period he was in service
From India, Mumbai
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2From India, Mumbai
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Morally speaking, any resigned employee is eligible to get arrears of retrospective wage revision. However, if there is a conditional clause in the settlement of wage revision to the effect that the benefits of the settlement, including arrears, would be only for those employees who are in the service of the organization on the date of signing the settlement (and it is mostly the prevailing practice in the Private Sector), those who resigned prior to that date cannot claim arrears.
From India, Salem
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From India, Salem
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Definitely, he is eligible for arrears of salary for his service period. His right to claim his deferred wages cannot be forfeited. Any condition, if applied, would be void in law.
From India, Delhi
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From India, Delhi
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Retrospective wage revision naturally makes even resigned, retired, or otherwise separated employees eligible for arrears. If any conditions included in the pay revision agreement do not hold up under judicial scrutiny, some managements put such conditions. However, separated employees should claim the arrears. If management doesn't pay the arrears, one should seek legal recourse. Ethically and legally, arrears should be paid to the separated employee also.
From India, Visakhapatnam
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From India, Visakhapatnam
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You all should pose your query with details of the context. What arrears are you referring to? How are they payable to the employee? Is he/she alone to receive such arrears? While it is correct what the others have said.
From India, Mumbai
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From India, Mumbai
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I was denied arrears by the employer, a scheduled co-op bank, for resigning from service. I have completed 38 years of service, and only have 14 months left for retirement. I resigned on health grounds in May 2017. The new wage agreement was due since July 2013, and it was finalized in October 2017.
Are there any legal options available to me to claim the arrears as it's a substantial amount?
P. A. Pinto
9829358586
Mumbai Thane
From India, undefined
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Are there any legal options available to me to claim the arrears as it's a substantial amount?
P. A. Pinto
9829358586
Mumbai Thane
From India, undefined
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P a pinto Mob no wrongly mentioned by oversight as 9829358586..pl read as 9819358586
From India, undefined
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From India, undefined
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If there is a clause in the settlement that only those who are on the muster rolls of the company on the date of signing, and unfortunately, you have resigned before the said date, then you will not be entitled to the arrears. You should have stayed a bit longer in that case.
From India, Mumbai
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From India, Mumbai
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PAYMENT OF WAGES ACT 2009.doc