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Didn't get last month salary after leaving the organization
13-May-2023 (In Labour & Service Law)
I joined Digifutura pvt ltd. on 8th August 2016. I was sent to multiple client locations. And every month my salary used to credit from Digifutura pvt. ltd. On 16th January 2017 I said to Chethan (CEO) that I got a job offer from another company and I want to relieved from digifutura job. I had to serve a two months notice period if I leave the company, but on 3rd February I had an exit interview in which they told they will give my relieving letter and January salary in next 2-3 days. So, I got relieved from Digifutura pvt. ltd. on 3rd Feb. I got relieving letter on 1st March. On 6th March 2017 I sent a SMS to Chethan asking for January month salary. In reply to that SMS, Chethan denied to pay my salary saying client didn't paid him.
You will have to send a legal notice to the said employer, if he denies to comply to the same then you can file a civil suit for recovery in the jurisdictional civil court. Did you enter into an employment contract with your employer? If yes, then do share the details because it would contain a clause regarding resignation and payment of salary in lieu of notice period. If not, then you should immediately send a legal notice to your employer and demand payment of your dues and if your company then fails to pay then you can approach the appropriate labour court for redressal.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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If you have a contract of employment with Digifutura, and if the same contains a provision that obligates Digifutura to pay your salary, then Digifutura would be legally required to pay your accrued salary irrespective of whether the client pays it or not. You may send a legal notice to Digifutura following up on the payment due. If they fail to honour it, you may consider initiating recovery proceedings against Digifutura.
If you have a contract of employment with Digifutura, and if the same contains a provision that obligates Digifutura to pay your salary, then Digifutura would be legally required to pay your accrued salary irrespective of whether the client pays it or not. You may send a legal notice to Digifutura following up on the payment due. If they fail to honour it, you may consider initiating recovery proceedings against Digifutura.
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