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Salary not paid and company asking to resign. How to recover salary?


30-Jul-2023 (In Labour & Service Law)

My company which hasn’t paid my salary for the last 6 months is asking me to resign. The company has been delaying the salary since the last 3 to 4 months. Should I resign? What if they do not give my salary? I am working as a senior executive earning a salary of Rs.70,000 per month.

 

Answers (1)

Answer #1
462 votes

First of all why are they asking you to resign? It is essential to know the reason so as to understand your problem correctly.

However, you can resign if you want to and with respect to your unpaid salary that can be claimed later. You can send them a legal notice demanding your salary along with full and final settlement within 30 days. 

If the said payment is not made within 30 days then you can initiate a recovery suit against the company for the payment of your full and final settlement. You can also claim interest as well as damages for the mental harassment.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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