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Delayed Salary and Benefits After Leaving Job - Seeking Advice

Krishna

Krishna Kumar  | Answer  |Ask -

Workplace Expert - Answered on Jul 26, 2024

Krishna Kumar is the founder and CEO of GoMoTech, a company that provides strategic consulting in B2B sales, performance management and digital transformation.
Before branching out on his own, he worked with companies like Microsoft, Rediff, Flipkart and InMobi.
With over 25 years of experience under his belt, KK is a regular speaker at industry events and academic intuitions, both in India as well as abroad.
KK completed his MBA in marketing from the Sri Sathya Sai Institute of Higher Learning in Andhra Pradesh and his management development programme from XLRI, Jamshedpur.
He has also completed his LLB from Nagpur University and diploma in PR from Bhavan’s College of Management, Nagpur, where he was awarded a gold medal.... more
Asked by Anonymous - Jul 25, 2024Hindi
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Hello Sir/Madam, I hope this message finds you well. I am writing this email to seek advice regarding an unresolved issue with my pending salary from my previous employer. Despite leaving the company in May 2023, I have yet to receive my due payments. I have sent numerous reminders through email, WhatsApp messages, and phone calls, and I have also met with them face-to-face twice. It has been a common practice at my previous company to delay the full and final settlement for employees who resign. Timely salary payments have also been an ongoing issue, often requiring follow-up calls every month. Furthermore, the company has not been providing facilities for deducting PF, gratuity, or other employee benefits, which is a total exploitation of employees. Although the company began opening PF accounts last year following government regulations, the overall compliance remains insufficient. Given the company’s established presence in the IT industry for over 30 years and its workforce of more than 100 employees, it is disheartening to experience such treatment. I have served the company for more than 17 years, but they have never paid my salary on time, even though the company is financially sound. I kindly request your advice on how to proceed with this matter. Thank you for your attention and understanding. Sincerely,

Ans: Hello

Suggest you consult a lawyer.

All the best.
Career

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Krishna

Krishna Kumar  | Answer  |Ask -

Workplace Expert - Answered on Feb 09, 2024

Asked by Anonymous - Sep 06, 2023Hindi
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Hello Sir/Madam, This has been a practice of my company to delay the Full & Final settlement for employees who resign from the company. The final settlement along with the experience letters will be received after almost 2 months of leaving the organisation. This is the case with normal employees who serve three months notice period. These 2 months are very chaotic as the new company keeps requesting for the experience letters. There is no specific reason cited by the organisation for the delay in making the settlement. Sometimes the reasons seem petty. As a manager, I know this is wrong but I was helpless. 3 months back, our organisation had laid off many employees including me. They informed us that we will be getting three months salary as severance pay. The first two months were credited on time i.e 1st of each month. However, the third month payment has been stopped. They informed us it will be settled with the F&F settlement. There were no timelines mentioned to us. There is no letter issued to us - Neither laptop acceptance or resignation acceptance. I am getting job offers but they expect a firm date for joining along with the experience letters. I am not in position to furnish them these details. What can I do in this case? The company that I worked for is a BSE listed firm with strong financials.
Ans: Dear

I can understand your situation. What ai would suggest is better open and transparent with your potential employer, show them your resignation letter and the salary credited. I am sure they will appreciate.

All the best.

..Read more

Shekhar

Shekhar Kumar  |154 Answers  |Ask -

Leadership, HR Expert - Answered on Apr 29, 2024

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I worked for a private PMC company with appointment letter later after four months they were unable to pay salary and assured us by mails and what's up messages that, they are having some financial problems and requested to continue and pending salaries would be released soon and later stopped taking calls, We have resigned but they have not settled our account and now again become active. What action can be taken.
Ans: It's unfortunate that you're facing this situation with your former employer. Gather all relevant documentation related to your employment, including your appointment letter, emails, WhatsApp messages, and any other communication regarding salary payments and promises made by the company. Having a record of these interactions will be crucial for any potential legal action. Reach out to the company via email or written correspondence to remind them of the outstanding salary payments and request immediate settlement of your dues. Clearly outline the amount owed, the period for which you worked without compensation, and any promises or assurances made by the company regarding payment. If the company fails to respond or refuses to settle your dues, consider seeking legal advice from a labor lawyer or legal aid organization. They can assess your situation, advise you on your rights and options, and help you take appropriate legal action to recover your unpaid wages. Depending on the jurisdiction and labor laws in your area, you may have the option to file a formal complaint or grievance with the relevant labor department or regulatory authority. Provide them with all relevant documentation and information about your case, and they may investigate the matter and take action against the company if warranted. If you see other employees are also affected by unpaid wages or mistreatment by the company, then consider organizing collectively to amplify your voices and increase pressure on the company to resolve the issue. This could involve forming a group, sharing information and resources, and coordinating efforts to seek redress through legal channels or public advocacy. Throughout this process, it's important to protect your rights and avoid taking any actions that could jeopardize your legal standing or future claims against the company. Keep records of all communications, consult with legal experts, and be prepared to assert your rights if necessary. Stay informed about any developments related to the company, including changes in ownership, financial status, or legal proceedings. This information may affect your ability to recover unpaid wages or seek other forms of recourse.

Remember that recovering unpaid wages can be a complex and challenging process, but by taking proactive steps, seeking appropriate guidance, and advocating for your rights, you can increase your chances of obtaining a favorable outcome.

..Read more

Ramalingam

Ramalingam Kalirajan  |8237 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 06, 2025

Asked by Anonymous - Feb 05, 2025Hindi
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Hello I joined private ltd. firm in October, 2024. The company has not provided me appointment letter and salary slip but credited my salary in my account. When I asked for appointment letter and salary slips the company just forwarded me mail on 20th January 2025 to handover the charge to other person without any notice to me which I did. Now they are not paying my December salary and January, 2025 full and final settlement. I was property manager in the company. Please suggest me what can be done in this case.
Ans: Your employer’s actions are unprofessional and unfair. You have legal options to claim your salary and final settlement.

Gather All Supporting Documents
Bank Statements: Show proof of salary credited for previous months.
Emails & Messages: Keep all communication with HR and management.
Work Records: Maintain any reports, client interactions, or tasks completed.
Company Policies: If you have access to any written policies, keep them.
These documents will strengthen your case.

Send a Formal Email Request
Draft a polite but firm email to HR and management.
Mention your pending salary and final settlement details.
Request a timeline for the payment.
Attach proof of salary credits and work done.
Give them a deadline of 7-10 days to respond.
Written communication creates a legal record of your request.

Send a Legal Notice Through a Lawyer
If the company does not respond, consult a labour lawyer.
A legal notice can push the company to clear dues.
Mention your job role, tenure, and pending salary.
Demand payment within a reasonable time.
A legal notice increases pressure on the employer.

File a Complaint with Labour Authorities
Private firms must follow labour laws regarding salary payments.
Visit the local Labour Commissioner’s office.
Submit a complaint with all supporting documents.
The department will issue notices and mediate with the company.
Labour authorities can legally intervene in salary disputes.

Consider Legal Action in Court
If all else fails, you can file a case in labour court.
Courts handle cases of unpaid salaries and wrongful termination.
A lawyer can guide you on the legal process and expected timeline.
Legal action is a strong step but ensures justice.

Finally
You have every right to claim your salary and final settlement. Follow a structured approach—start with written communication, then escalate legally if needed. Employers cannot deny rightful dues without consequences.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

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