Hi,
Please help me with this issue.
I was employed in a digital marketing agency in Noida. Legally, it is a proprietor business with GST.
Before 5-6 months, some employees left the company after taking the salary and without serving the notice period.
To deal with this issue, the company asked us to submit a canceled check of 1 lakh (for training purposes) on the backside - for the legal team.
Due to the fund issue, the company asked me to resign.
I resigned in Aug 2023. I sent the resignation email on the same day. But the company didn't share the acceptance on the email. Salary of July 2023 was supposed to be credited on 10 Aug 2023, but the company holds July 2023 salary and was saying that it will be credited after 45 days of settlement.
Now the company is not giving the relieving letters and salary, and the reason for the hold is that a client didn't pay the amount so we can't give salary and documents.
My questions are:
1. Does the canceled check have any legal validity, and can the company claim that amount?
2. How can I claim salary and documents with the help of the court? Location: Delhi, India
From India, Delhi
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Please help me with this issue.
I was employed in a digital marketing agency in Noida. Legally, it is a proprietor business with GST.
Before 5-6 months, some employees left the company after taking the salary and without serving the notice period.
To deal with this issue, the company asked us to submit a canceled check of 1 lakh (for training purposes) on the backside - for the legal team.
Due to the fund issue, the company asked me to resign.
I resigned in Aug 2023. I sent the resignation email on the same day. But the company didn't share the acceptance on the email. Salary of July 2023 was supposed to be credited on 10 Aug 2023, but the company holds July 2023 salary and was saying that it will be credited after 45 days of settlement.
Now the company is not giving the relieving letters and salary, and the reason for the hold is that a client didn't pay the amount so we can't give salary and documents.
My questions are:
1. Does the canceled check have any legal validity, and can the company claim that amount?
2. How can I claim salary and documents with the help of the court? Location: Delhi, India
From India, Delhi
Acknowledge(0)Amend(0)
Legal Aspects Regarding Canceled Check and Salary Dispute
📉 Canceled Check Validity:
- A canceled check is typically used for verification purposes or as proof of payment. However, it should not be linked to arbitrary financial claims by the employer without a valid agreement in place.
- In this case, the company's request for a canceled check for training purposes should not give them the right to claim the amount without a specific agreement stating its purpose and conditions.
📉 Claiming Salary and Documents:
1. Consult an Employment Lawyer:
- Seek legal counsel to understand your rights and options under Indian labor laws, particularly related to salary, notice periods, and relieving documents.
2. Issue a Legal Notice:
- If the company is withholding your salary and documents unjustly, consider sending a legal notice demanding immediate payment and the release of necessary documents.
3. Approach the Labor Court:
- If the company fails to comply after the legal notice, you may escalate the matter to the labor court in Delhi to pursue your pending salary and documents.
4. Document Evidence:
- Gather all relevant communication, including emails, resignation letters, salary slips, and any other correspondence that supports your claim.
5. Attend Court Proceedings:
- Be prepared to present your case in court with the assistance of your legal representation. The court will assess the situation and make a judgment based on labor laws and the evidence presented.
⚠️ It's essential to follow the legal procedures diligently and ensure that your rights as an employee are upheld throughout the process. Consulting with a legal expert will provide you with tailored advice based on your specific circumstances.
From India, Gurugram
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26📉 Canceled Check Validity:
- A canceled check is typically used for verification purposes or as proof of payment. However, it should not be linked to arbitrary financial claims by the employer without a valid agreement in place.
- In this case, the company's request for a canceled check for training purposes should not give them the right to claim the amount without a specific agreement stating its purpose and conditions.
📉 Claiming Salary and Documents:
1. Consult an Employment Lawyer:
- Seek legal counsel to understand your rights and options under Indian labor laws, particularly related to salary, notice periods, and relieving documents.
2. Issue a Legal Notice:
- If the company is withholding your salary and documents unjustly, consider sending a legal notice demanding immediate payment and the release of necessary documents.
3. Approach the Labor Court:
- If the company fails to comply after the legal notice, you may escalate the matter to the labor court in Delhi to pursue your pending salary and documents.
4. Document Evidence:
- Gather all relevant communication, including emails, resignation letters, salary slips, and any other correspondence that supports your claim.
5. Attend Court Proceedings:
- Be prepared to present your case in court with the assistance of your legal representation. The court will assess the situation and make a judgment based on labor laws and the evidence presented.
⚠️ It's essential to follow the legal procedures diligently and ensure that your rights as an employee are upheld throughout the process. Consulting with a legal expert will provide you with tailored advice based on your specific circumstances.
From India, Gurugram
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Employment and Salary Trends in the Gulf 2012.pdf