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Non Payment of Full and Final Settlement


13-Sep-2023 (In Labour & Service Law)
I was an ex-employee of Harjai Computers Pvt Limited who was deputed to client's location on Harjai's Payroll. I resigned from my post on 13th June 2016 from then i am constantly following up for my salary pending with Harjai. I have been asking for my earned salary for which i am not getting any reply from HR or Finance team, I was assured that as per company policy it will be released within 45 to 90 days and now almost after 93 days i am being told by HR Manager that i will not be paid my salary for the month of June as client have not paid it. It's the company and client's internal policy and employee should not be effected anyhow. I understand their financial commitments but i was not a contract employee for client i was on Harjai's payroll and i need my pending salary.
Answers (3)

Answer #1
941 votes
to start with we can send them a Legal Notice for Recovery of Money/ Balance which is due on the company. if the Company does not respond then we can file a case of Recovery in the Court. you can also approach the Labour Commissioner for Recovery of money and the Labour Court shall take necessary action against the company.
Answer #2
900 votes
Your withheld salary could be claimed through a legal notice sent by an Advocate. Incase they fail to comply with the legal notice, you have a number of legal remedies available before you, one of which can be pursued by you for recovery.
Answer #3
548 votes
Dear Sir,
based upon detailed facts, you may send out a legal notice demanding your dues and then approach the Court (Civil/Labour) for your dues. There are various case references where relief has been granted to ex-employees whose salaries were illegally withheld. However you may have to approach the Court (Civil/Labour).

thanks

Get complete legal details of full and final settlement along with the format of the settlement letter with this Labour Service Law Guide.

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