You are here:

Indian Law/Employer has not paid salaries from last two months and forcing to resign without full and final

Advertisement


Question
Sir, I left my Job two months back when employer was not paying salaries on time. They not paid salaries for two months and when I asked the reason they force me to resign. I had no other option and I resigned from there. But they have not cleared my dues. They hold my two month salary and not cleared my dues from last four months. I have no other JOB in my hand and financially I'm not in good position.

I don't know what to do. I have mailed several times to HR and CEO but they haven't reply. Please suggest what I need to do.

Answer
You have the legal right at any time to terminate the employment contract by complying with the termination clause contained in the contract.Further , your employer is also legally bound to accept it and settle all your outstanding dues.
In view of the above, it seems they are unnecessarily harassing you and deliberately not releasing them.Therefore, I would suggest you to immediately serve a legal notice threatening suitable legal actions if your dues are not cleared within a specified date.Thereafter, if they do not respond to you or give a negative reply, please file a recovery suit for the Principal as well as Penal Interest for causing unnecessary mental torture to you.You may also make a complaint to the Labour Secy. of your State as well to the Central Govt through their Public grievance site in the net.That will create pressure upon them to release the payment.Please take above actions in consultation with a lawyer to strengthen your case.Meanwhile, try for a job through net and other sources.
WITH BEST WISHES

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

©2016 About.com. All rights reserved.