Legal Question in Employment Law in India

Actually, I worked with a company till Dec 2015. I worked as a manager. I was asked by the company to resign from my post as they were not able to afford my wages. So I resigned in Nov 2015 and served 2 months notice period as per the company policy. But by the end of Nov 2015, HR department emailed me saying that I need not come to office in Dec and they will pay my Dec and Nov 2015 salary through F&F. they paid half my Nov salary on request. Now, they are saying that they will only pay for the basic salary of Dec as I did not come to office in Dec and also they would pay other components including PF. I send them an email and stated that they had promised to give me Dec salary and I would not be able to accept only the basic salary. Thereafter, they are not even replying to emails and phone calls. I had planned to pay off my debts with this money. However, since its been more than 3 months I have not the money, I have not been able to pay off the debts, I am going through mental trauma due to this. What should I do?


Asked on 4/30/15, 12:57 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.04.2015

Dear Sir / Madam,

You should focus on the main issue of immediately getting your full and final settlement dues paid and settled to you by the Company, rather than "higgle-haggle" and waste time over petty issues. You should request your Reporting Head, the Company MD and HR by email that since you were asked by the Company HR not to come to Office in December, (attaching the HR mail in evidence thereof); say that it is only fair that the Company pays you the full salary for December, 2014 too, along with settling your Full and final settlement dues to you within the next 7 days. Also Courier a signed copy of your email to the Company and obtain an acknowledgement thereto.

Should the Company fail to comply and settle your dues within the next 10 days, straightaway lodge an FIR for cheating against the Company in the local Police station. Better still, also ask the person whom you owed the debt to lodge an FIR against you for non-settlement of his / her debt. Simply set one against the other for swift action by the Police.

Regards,

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Answered on 4/30/15, 1:36 am


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