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Can i file a case for pending 11 months salary and relieving letter?
07-Sep-2023 (In Labour & Service Law)
I have worked in a company from 2009 to till date. They are paying irregular salary from March 2013. Till date I have pending salary of 11 months.
Now I want to leave the company and they are telling me (verbally) that I will get a relieving letter till March 2013 from this company and from March 2013 till date from another company “B”.
The company is ready to provide the appointment letter from company “B” as well as a reliving letter also. Now, the company does not provide anything in writing about the pending salary and are not willing to pay PDC.
Will it possible to file a legal case for the same?
Firstly, stopping the salary or the wages is against the right of any registered organisation. In this context, you can ask your employer in writing to release your salary as per the rules and regulations laid down, that is, releasing the salary on the 10th of each month.
Further, seek clarification from your company why they desire to show you on the pay roll of Company B. We will not advise you to get in any such arrangement with your company.
We suggest you to submit your resignation in writing stating the appropriate reason in conformity to your employment agreement and claim your salary for 11 months and notice period.
Also, at the time of giving the handover, we suggest you to take the NO DUE CERTIFICATE and complete your Full and Final settlement.
You can further get in touch with a LABOR INSPECTOR at your local labor court with a copy of resignation acceptance and copy of appointment letter and the copy of no due certificate.
After resignation and serving your notice period, if your Company A still fails to pay your salary or fails complete your full and final settlement then you can send them a legal notice claiming your full and final settlement inclusive of salary gratuity, PF etc. within 30 days. If the said payment is not made within 30 days then you can initiate a recovery suit against the company claiming your full and final settlement along with interest and damages for the mental harassment.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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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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