7month salary pending after resignation. How to claim it from company?
My 7 months salary is unpaid even after 11 months since I resigned from my last company. I was working with a Pvt. Ltd. company as a Senior Web Designer and left the job as the salary was always delayed by 5-6 months. I quit as the owner said he has suffered a loss of Rs. 60,000 due to me and will adjust it in my salary whereas I did nothing wrong. I did not even get any response on my email resignation.
Now it's been 11 months since I quit and the total amount of my 7 months salary is Rs. 1.25 Lacs. How can I get the same as my calls / emails are not being answered by the company.
If your job was of a supervisory nature as per your 'Senior' Designation, we suggest that you should send the Company a Legal Notice by way of Regd. AD and Speed Post for payment of your salary and other dues within a stipulated time period or else you shall initiate legal proceedings.
In case the payment is not released by the company within the time period, you can then file a civil suit against the company for recovery of salary and other dues as debt. The amount payable to you is in the form of debt on the company and you can hence initiate an action for recovery of this debt. The court fee is about 2-2.5% of the amount you are claiming.
And you need not worry about the loss which the owner is alleging has been incurred because of you as until and unless he is able to show any gross negligence in performance of duties on your part, he cannot deduct the same from your salary.
On the other hand,
If your nature of duties would come within the purview of "workman" irrespective of ostentatious designation adorned upon you, then you can file a case before the authority under the Delhi Shops & Establishment Act (if you are working in Delhi), who is the Deputy Labour Commissioner.
Applicability of the Industrial Disputes Act:
The Industrial Disputes Act extends to whole of India and applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed therein. Every person employed in an establishment for hire or reward including contract labour, apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work, is covered by the Act. This Act though does not apply to persons mainly in managerial or administrative capacity,persons engaged in a supervisory capacity and drawing > Rs.10,000 per month or executing managerial functions and persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison.
Alternatively, you can file a claim petition before the authority under Payments of Wages Act. A labour court judge is generally designated for this purpose. Or alternatively, you can file an application under Section 33 C(2) of the Industrial Disputes Act.
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