LawRato

Employer not paying salary after resignation what action can I take


23-Mar-2023 (In Labour & Service Law)
Gd day, I join company in jan 17th 2017 in mumbai office, and resign on 24th Feb2014. now company is not paying my 1month and 7 days salary, i sent them mail and many times reminder. initially there were saying you have not served notice period. i said during my probation period in my contract letter it is not mention that I have to served a notice period even though i sent them mail to notify my resignation but same day they relieved me from duty. in my contact letter it is mentioned that agreement made in kolkata, and court in kolkata shall have exclusive jurisdiction in respect of dispute. after sending many mail they sent 7700 INR in my account; for remaining payment they are still keep not responding Please advice what option do i have?
Answers (1)

Answer #1
953 votes
Yes as the employment contract doesn't contain such clause. You are not required to serve the notice period. Thus, if the employer denies to pay you your full and final settlement then you can send him a legal notice demanding the said payment and if he still denies then, you can file a recovery suit in the civil court.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."