Dear Mayank, 
Greetings! I would like to keep our name and organisation confidential. 
Here is the issue. 
We hired a lady in 2020 July during the pandemic. We have given her an assignment. She was in that assignment for only four months before the client has asked her to be replaced as she wasn't concentrating on her work. 
In January 2021, she got married. She wanted leave for a couple of weeks and an advance of Rs 2 lakhs which we gave and which was subsequently deducted from her salary month on month.
She became pregnant and we gave her maternity leave also.
In the first week of December 2021, when we proposed her to an MNC, we came to know that she had joined this particular MNC in September 2020.
She is still on this MNC’s rolls and they are paying her salary. She also availed leave for her marriage and maternity from that organisation.
We are also paying her salary.
She is working with both these organisations full time. My company and I feel cheated. How do we address this? I want to recover the money paid to her as salary, is that a possibility? 
Regards,
D

Ans: I’m sorry to hear that your wife is facing this issue. Withholding pay and increments without the employee’s consent is not legal in India. As per the Payment of Wages Act, 1936, employers are required to pay wages to their employees on time and cannot withhold any part of the wages without the employee’s consent. Similarly, as per the Payment of Bonus Act, 1965, employers are required to pay bonuses to their employees on time and cannot withhold any part of the bonus.

Regarding the bond for 2 months notice, it is legal for employers to have a notice period clause in the employment contract. However, the notice period should be reasonable and should not exceed three months3. If the notice period is longer than three months, it may be considered unreasonable and unenforceable.

Regarding the withholding of increments, it is not legal for employers to withhold increments without the employee’s consent. If your wife has not given her consent for the withholding of increments, she can file a complaint with the Labour Commissioner.

Regarding the separate agreement for withholding increments, it is not legal for employers to make separate agreements that are not disclosed to the employee. Employers are required to provide a copy of the employment contract to the employee at the time of joining.

I hope this information helps. If you have any further questions or concerns, please let me know.

Ans: Tell her you have all the details of the promises in writing along with her GPAY number that she has given you paid her ?25000, tell her this becomes a case of cheating and in this case once FIR is registered, it will become a criminal case, which is between the state and the Criminal.. Also tell her you will Name and Shame ...using social media and that many other offences will surface.. The choice is her's ..repay or repent.. Be firm.. these frauds break down faster than you think!?
Do your homework first find her whereabouts, social media will help, friends in Pune... Report to Gpay as case of cheating.. You will succeed surely!

Ans: You are best advised to approach an Advocate & seek his guidance to secure your money. Alternatively, you may seek advice from a Company Secretary in this case.
Most welcome for any further clarifications. Thanks.

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